K.Satyanarayana Raju v. Nerudi Eshwaraiah And 26 ORS

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SRI JUSTICE A.SANTHOSH REDDY CIVIL MISCELLANEOUS APPEAL Nos.377, 375 AND 376 OF 2015 COMMON JUDGMENT: (Per Hon'ble Dr.SA,J) C.M.A.No.377 of 2015, under Order XLIII Rule 1(r) read with Section 151 of C.P.C., is filed by the appellant/defendant No.1, aggrieved by the docket order, dated 16.03.2015, passed in I.A.No.471 of 2015 in O.S.No.153 of 2015 by the learned Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad. 2.

C.M.A.No.375 of 2015, under Order XLIII Rule 1(r) read with Section 151 of C.P.C., is filed by the appellant/defendant No.1, aggrieved by the docket order, dated 16.03.2015, passed in I.A.No.474 of 2015 in O.S.No.154 of 2015 by the learned Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad. 3.

C.M.A.No.376 of 2015, under Order XLIII Rule 1(r) read with Section 151 of C.P.C., is filed by the appellant/defendant No.1, aggrieved by the docket order, dated 16.03.2015, passed in I.A.No.467 of 2015 in O.S.No.152 of 2015 by the learned Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad.

4.

Heard Sri J. Prabhakar, learned Senior Counsel appearing for the appellant/defendant No.1 in all the appeals, and perused the record. 5.

Despite listing the matters under the caption 'for orders', there is no representation for the respondents.

6.

The impugned docket order, dated 16.03.2015, passed in I.A.No.471 of 2015 in O.S.No.153 of 2015, reads as follows: "Petitioner present. Heard. Issue notice to respondents. Call on 27-04-2015. In the meantime both parties are directed to maintain status quo."

7.

The impugned docket order, dated 16.03.2015, passed in I.A.No.474 of 2015 in O.S.No.154 of 2015, reads as follows: "Petitioner present. Heard. Issue notice to respondents. Call on 27-04-2015. In the meantime both parties are directed to maintain status quo."

8.

The impugned docket order, dated 16.03.2015, passed in I.A.No.467 of 2015 in O.S.No.152 of 2015, reads as follows: "Petitioner present. Heard. Issue notice to respondents. Call on 27-04-2015. In the meantime both parties are directed to maintain status quo."

9.

The online case status of the subject Suits in O.S.Nos.153, 154 and 152 of 2015 filed by the Registry before this Court reveals that the subject Suits are posted to 19.01.2023 for cross-examination of the witnesses. The subject Suits are of the year 2015. As per the circulars issued by this Court from time to time, Suits pending since more than five years have to be given utmost priority and the Presiding Officer concerned shall make every endeavor to dispose of the cases on priority basis and reduce the pendency of pre-2018 cases. Since the subject Suits pertain to the year 2015, the Court concerned ought to have disposed of the subject Suits, by this time. As the trial had already commenced, it is not appropriate to go into the merits of the case and tender an opinion. In such an event, it will have a bearing over the final determination of the subject Suits. In view of these circumstances, it is appropriate to direct the Court below to dispose of the subject Suits in O.S.Nos.153, 154 and 152 of 2015, expeditiously. 10.

Under these circumstances, the Court below is directed to dispose of the subject Suits in O.S.Nos.153, 154 and 152 of 2015, in accordance with law, expeditiously, preferably within a period of three (3) months from the date of receipt of a copy of this order.

11.

With the above direction, the appeals are disposed of. Miscellaneous Petitions, if any, pending in these appeals shall stand closed. There shall be no order as to costs. _______________________ Dr. SHAMEEM AKTHER, J _____________________ A. SANTHOSH REDDY, J Date: 26.12.2022 MD