Bhimanadham Punna Reddy v. M.V.S.M. Sarma
THE HON'BLE SRI JUSTICE A.V.SESHA SAI C.R.P.No.4330 of 2015 O R D E R:
This is a revision, filed under Article 227 of the Constitution of India, by the first defendant in O.S.No.318 of 2007, on the file of the Junior Civil Judge, Addanki, Prakasam District.
2. The grievance of the petitioner in the present revision is non-disposal of I.A.No.1607/2013 in O.S.No.318/2007.
3. Heard the learned counsel for the petitioner as also the learned counsel for the respondents.
4. The first respondent herein instituted O.S.No.318 of 2007 against the petitioner and the second respondent herein for perpetual injunction. In the said suit, the defendants filed I.A.No.1607 of 2013 on 12.08.2013 under the provisions of Section 45 of the Evidence Act, praying the Court below to send the signatures of the testator Marrivada Venkata Sitharama Rao on Codicil to the Government handwriting expert, Hyderabad for comparison of the same with his admitted signatures on the Will dated 14.10.2003.
5. Resisting the said application, the plaintiff/first defendant herein filed a counter affidavit on 09.03.3015. The grievance of the petitioner in the present revision is despite lapse of considerable length of time, no orders have been passed in the said interlocutory application filed by the defendants.
6. Having regard to the nature of controversy and the relief sought, the revision is disposed of, directing the learned Junior Civil Judge, Addanki, Prakasam District, to dispose of I.A.No.1607 of 2013 in O.S.No.318 of 2007, within a period of three months from the date of
receipt of this order. Having regard to the year of institution of the suit, the Court below shall make an endeavour to dispose of the main suit also as expeditiously as possible. As a sequel, the miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs.
______________ A.V.SESHA SAI, J Date:05.02.2016 grk
THE HON'BLE SRI JUSTICE A.V.SESHA SAI C.R.P.No.4330 of 2015 Dated: 05th February, 2016 grk