S.Ismail v. The General Manager

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISOIN PETITION No.4218 of 2017 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, came to be filed assailing the order dated 30.03.2017 passed in CMA No.29 of 2015 by the X Additional District Judge, Tirupati.

Heard the learned counsel for the petitioners. Since this Court is not going into the merits of the case, there is no necessity to put the respondents on notice and the revision is disposed of at the stage of admission itself.

Though various grounds are raised in the revision, the learned counsel petitioners would submit that CMA No.29 of 2015, which was filed against the order dated 15.07.2015 passed by the learned Additional Senior Civil Judge, Tirupati, in I.A.No.450 of 2015 in O.S.No.206 of 2015, was not pressed by the appellants therein, with a request to the Appellate Court, to direct the trial Court to dispose of the matter as expeditiously as possible and accordingly the CMA was dismissed as not pressed by the appellate Court vide judgment dated 30.03.2017.

The grievance of the petitioners is that subsequent thereto, as the respondents are interfering with the property, they filed two interlocutory applications seeking to condone the delay in filing the petition to set aside the dismissal order dated 30.03.2017 in CMA No.29 of 2015 and also to set aside the dismissal order dated 30.03.2017 passed in CMA No.29 of 2015.

Learned counsel for the petitioners submits that the appellate Court may be directed to dispose of the IAs filed on 16.08.2017, at the earliest.

Having regard to the above, without going into the merits of the case, the Civil Revision Petition is disposed of, directing the X Additional District Judge, Tirupathi, to dispose of the un-numbered interlocutory applications filed by the petitioners herein on 16.08.2017, if the same are in order, as early as possible, in accordance with law.

Miscellaneous petitions pending in this revision, if any, shall stand closed. No costs.

_______________________________ JUSTICE C. PRAVEEN KUMAR 24.08.2017 Note : Issue C.C. by 29.08.2017 B/o.

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