Raza Jame Masjid (Ahle Sunnat-Ul-Jamath) v. Smt.Sameena Begum

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.1 2 2 0 OF 2 0 1 9 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioner/ third party aggrieved by the docket order dated 20.05.2019 passed in E.A.No.2 of 2019 in E.P.No.26 of 2019 in O.S.No.85 of 2018 by the Vacation Civil Judge, (Family Court), Nizamabad.

2.

Heard learned counsel for the revision petitioner/ third party, learned counsel for respondent No.1/ decree holder and perused the record.

3.

Learned counsel for the revision petitioner would contend that in E.P.No.26 of 2019, the revision petitioner has filed E.A.No.2 of 2019 under Order XXI Rule 97 of CPC on 10.05.2019 but till date the said E.A. has not been disposed of and ultimately prayed to give a direction to the Court below to dispose of the said E.A. expeditiously.

4.

On the other hand, learned counsel for the first respondent-decree holder would submit that no revision lies on the impugned docket order and the present CRP is not maintainable and ultimately prayed to dismiss the civil revision petition.

5.

The impugned docket order dated 20.05.2019 reads as under: - "Counter of R1 filed. Issue notice to other respondents on payment of process by 03.06.2019."

6.

As rightly submitted by the learned counsel for the first respondent, no revision lies against the impugned docket order and hence, the civil revision petition is not maintainable. However, if the revision petitioner wants expeditious disposal of the said E.A., he can make such a request before the Court below.

7.

In the result, the Civil Revision Petition is dismissed. The Miscellaneous Petitions, if any, pending shall stand closed. No costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 24.12.2019 ssp