Batta Nageswara Rao v. Kothanamasu Srinivasu

HON'BLE SRI JUSTICE SURESH KUMAR KAIT CIVIL REVISION PETITION No.524 of 2017 ORDER :

Vide the present petition, petitioners seek direction thereby to expedite the I.A.No.624 of 2016 in O.S.No.112 of 2016 on the file of I-Additional Junior Civil Judge, Tenali, Guntur District and pass order therein. Learned counsel appearing on behalf of petitioners submits that the respondent/plaintiff filed suit for possession of the schedule property. Same was decreed ex parte on 14th July 2016. After knowing the said fact, the petitioners filed a petition under Order 9 Rule 13 of C.P.C. for setting aside the same. Meanwhile, the respondent/plaintiff filed E.P.No.168 of 2016 in O.S.No.112 of 2016, which is pending for adjudication. Learned counsel appearing on behalf of petitioners submits that the petitioners have apprehension that the Court below may pass the order in E.P.No.168 of 2016 before passing the order in I.A.No.624 of 2016.

Keeping in view the averments made in the petition and submission of counsel for petitioners, I hereby direct the I-Additional Junior Civil Judge, Tenali, to dispose of I.A.No.624 of 2016 in O.S.No.112 of 2016 before passing any order in E.P.No.168 of 2016.

With the above direction, the revision petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ SURESH KUMAR KAIT, J 10th February 2017 ajr