V Raja Reddy, Mancherial v. Miskina Bee, Mancherial And 2 Others

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL MISCELLANEOUS APPEAL NO.988 OF 2017 ORDER:

This civil miscellaneous appeal is filed under Order XLIII Rule 1 of C.P.C, challenging the docket order in I.A.No.231 of 2017 in O.P.No.216 of 2015 dated 13.07.2017 passed by the III Additional District and Sessions Judge, Asifabad, Adilabad District.

The Court below dismissed I.A.No.231 of 2017 by passing a cryptic order which reads as follows:

"In view of order in I.A.No.230 of 2017 this petition is dismissed." Aggrieved by the unreasoned and cryptic order, the present civil miscellaneous appeal is filed.

The parties in the present civil miscellaneous appeal and C.R.P.No.4502 of 2017 are one and the same.

However, this Court passed a detailed order by allowing the C.R.P.No.4502 of 2017 on 02.02.2018 by setting aside the docket order in I.A.No.230 of 2017 in O.P.No.216 of 2015 and the operative portion of the order reads as follows: "In the result, the civil revision petition is allowed, by setting-aside the docket order in I.A.No.230 of 2017 in O.P.No.216 of 2015 dated 13.07.2017 passed by the III Additional District and Sessions Judge, Asifabad, Adilabad District. Further, III Additional District and Sessions Judge, Asifabad, Adilabad District is directed to dispose of petition

MSM,J CMA.No.988 of 2017 in accordance with law, preferably with an period of three months from the date of receipt of copy of this order." Let there be a similar order even in this case. In the result, the civil miscellaneous appeal is allowed, by setting-aside the docket order in I.A.No.231 of 2017 in O.P.No.216 of 2015 dated 13.07.2017 passed by the III Additional District and Sessions Judge, Asifabad, Adilabad District. Further, III Additional District and Sessions Judge, Asifabad, Adilabad District is directed to dispose of petition in accordance with law, preferably with an period of three months from the date of receipt of copy of this order.

Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:02.02.2018 SP