Veerla Urmila v. T.Punnamma (Age 103 Years)

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.2005 OF 2010 ORDER:

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed aggrieved by the order, dated 09.04.2010, passed in E.A.No.23 of 2010 in E.P.No.9 of 2010 in O.S.No.76 of 2007 by the learned Junior Civil Judge, Kaikalur.

The respondent - plaintiff has filed the aforesaid Suit for injunction simplicitor restraining the petitioner - defendants from interfering with her peaceful possession and enjoyment of the suit schedule property. The said Suit was decreed on 20.11.2009 and to execute such decree, E.P.No.9 of 2010 was filed. In the said E.P., the present application was filed by the respondent to grant police aid. The Court below, by impugned order, dated 09.04.2010, granted police protection to the respondent mainly on the grounds that there is a decree in favour of the respondent and she is an old woman aged about 103 years. In this revision petition, it is the case of petitioners that against the judgment and decree, dated 20.11.2009, an appeal in A.S.No.18 of 2009 is pending before the learned Senior Civil Judge, Gudivada, and in spite of the

same, the Court below has passed the impugned order. This Court, initially, by order, dated 23.06.2010, granted interim order in favour of the petitioners for a period of six weeks, which was extended from time to time and finally, by order, dated 08.10.2010, it was extended for a period of eight weeks. Thereafter, the interim order was not extended.

In the absence of any interim order in favour of the petitioners from the month of December, 2010 and in view of the reasons recorded in the impugned order, this Court do not find any illegality in the impugned order, so as to interfere with the same. However, as it is stated that an appeal in A.S.No.18 of 2009 is pending before the learned Senior Civil Judge, Gudivada, this Court deems it proper to dispose of the revision petition with a direction to the learned Senior Civil Judge, Gudivada, to dispose of A.S.No.18 of 2009, if not already disposed of, as expeditiously as possible, preferably within a period of eight (8) months from the date of receipt of a copy of this order.

Subject to the above, the revision petition is disposed of. Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. No costs. ______________________

R.SUBHASH REDDY, J 27th January, 2015 MD