Manike Soma Raju v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A. RAJASEKHAR REDDY CI VI L REVI SI ON PETI TI ON No.3 5 3 5 of 2 0 1 8 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners to set aside the Reference ROC No.91 of 2007 (1-A), dt. 01.07.2010 of respondent No.1, which is the subject matter of L.A.O.P.No.836 of 2011 on the file of I Additional District Judge, West Godavari, Eluru as void abinitio.

Learned counsel for the petitioners raised several contentions stating that consent Award bearing Reference ROC No.91 of 2007 (1-A), dt. 01.07.2010 passed by Respondent No.1 is not maintainable as no consent has been given by the petitioners and though L.A.O.P.No.836 of 2011, which the subject matter of the above said Award Dt. 01.07.2010, is of the year 2011 and the trial has commenced, the proceedings are being dragged on.

Though the petitioners have effective alternative remedy of filing objections before the Court where L.A.O.P.No.836 of 2011 is pending, instead of pursuing the same, they filed the present Revision. In fact, the trial in L.A.O.P.No.836 of 2011 has already commenced. May be the counsel for the petitioners is right in submitting that though LAOP No.836 is of year 2011, the proceedings are being dragged on. In view of the same, the Reference Court is directed to dispose of L.A.O.P.No.836 of 2011

after considering the objections raised by the petitioners, if any, in accordance with law within a period of six months from today. With the above direction, this Civil Revision Petition is disposed of.

The miscellaneous Petitions, if any, pending in this case shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A. RAJASHEKER REDDY, J Dt: 10-07-2018 eha

THE HON'BLE SRI JUSTI CE A. RAJASEKHAR REDDY CI VI L REVI SI ON PETI TI ON No.3 5 3 5 of 2 0 1 8 Dt. 10.07.2018 eha