Battula Venkata Narayana v. Smt.Bezawada Srilakshmi

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Civil Revision Petition No. 3818 of 2016 Order:

The petitioner is the plaintiff in O.S. No.3 of 2010 on the file of the V Additional District Judge, Ongole. The said suit was filed for specific performance of agreement of sale dated 23.02.2007. The trial in the suit commenced on 09.08.2012 and the evidence on behalf of the plaintiff was completed. The suit was posted to 27.12.2012 for the evidence of the first defendant and due to illness she could not attend the Court because she was taking treatment in Hyderabad. When she went to attend the Court she fell ill and she was admitted as inpatient in Ongole from 20.01.2013 to 28.02.2013. The evidence of the first defendant was closed on 29.01.2013 and an ex parte decree was passed on 08.02.2013. Seeking to set aside the said ex parte decree I.A. No.206 of 2013 was filed by the first defendant. When the said application was allowed the present revision is filed by the petitioner.

2.

Though the lower Court held that the health grounds mentioned by the first defendant are not supported by any evidence, in order to give an opportunity to the first defendant the Court allowed the petition subject to deposit of suit costs by an order dated 19.02.2016. Since the lower Court has exercised its discretion, this Court is not inclined to interfere with the said discretion, more so when it wants to give an opportunity to the first defendant.

3.

The Civil Revision Petition is, accordingly, dismissed. However, the lower Court is directed to dispose of the suit as expeditiously as possible but not later than 31.12.2016. There shall be no order as to costs.

4.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed. ________________________ A. RAMALI NGESWARA RAO, J Date: 17.09.2016 Nsr