Dubba Sreenivasa Rao, Visakhapatnam Dist v. Dubba Poornima, Visakhapatnam Dist And 7 Others

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CIVIL REVISION PETITION No.1931 OF 2017 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order dated 27.01.2017 passed in I.A.No.1030 of 2016 in O.S.No.707 of 2008 on the file of the Court of VI Additional Senior Civil Judge, Visakhapatnam. 2.

Heard the learned counsel for both parties.

3.

At the time of arguments, learned counsel for both parties submitted that the impugned order may be set aside. They further submitted that the trial Court may be directed to dispose of O.S.No.707 of 2008 and O.S.No.1057 of 2007 independently by recording the evidence in each suit.

4.

In view of the submission made by the learned counsel for both parties, this Court is of the considered view that it is a fit case to allow the revision.

5.

In the result, the Civil Revision Petition is allowed, setting aside the order dated 27.01.2017 passed in I.A.No.1030 of 2016 in O.S.No.707 of 2008 on the file of the Court of VI Additional Senior Civil Judge, Visakhapatnam. The learned VI Additional Senior Civil Judge, Visakhapatnam, is hereby directed to dispose of O.S.No.707 of 2008 and O.S.No.1057 of 2007 independently. The learned VI Additional Senior Civil Judge is further directed to dispose of the suit, as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order. There shall be no order as to costs.

6.

Consequently, Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J Date: 15.12.2018 Ivd