Bobbadi David J. Raj Kumar v. Gubbala Solman Raju
HON'BLE SRI JUSTICE R.KANTHA RAO Civil Revision Petition No.1915 of 2015 Date: 26-6-2015 Between Bobbadi David J. Raj Kumar and 6 others ... Petitioners/ Respondents/Plaintiffs and Gubbala Solman Raju and 4 others ... Respondents/ Appellants/Defendants HON'BLE SRI JUSTICE R.KANTHA RAO Civil Revision Petition No.1915 of 2015 Order:
This civil revision petition is filed under Article 227 of the Constitution of India to set aside the order dated 02-5-2015 passed by the XII Additional District Judge, Pithapuram, East Godavari district in I.A.No.109 of 2015 in A.S.No.17 of 2015.
2. The petitioners are the plaintiffs in O.S.No.190 of
2010 on the file of the Court of Junior Civil Judge, Pithapuram. They filed the suit for a declaration that they are the office-bearers of M/s. ABC Church and consequential injunction against the respondents not to interfere with the affairs of the Church. The said suit was decreed on 13-022015. Aggrieved by the judgment and decree, the defendants/respondents filed A.S.No.17 of 2015 on the file of the Court of XII Additional District Judge, Pithapuram. In the said appeal, they filed an application under Order XLI, Rule 5 CPC read with Section 151 CPC to suspend the operation of the judgment and decree dated 13-02-2015 passed in O.S.No.190 of 2010. The said application was allowed by order dated 02-5-2015. Against the said order, the present revision is filed by the plaintiffs.
3. I have heard Sri P.R. Prasad, learned counsel appearing for the petitioners/plaintiffs and Sri V.V.L.N. Sarma, learned counsel appearing for the respondents/ defendants.
4. Having gone through the submissions made on either side, this Court is of the view that the revision can be disposed of by issuing a direction to the appellate Court to dispose of the appeal within a prescribed period. Consequently, the civil revision petition is disposed of at the stage of admission, directing the XII Additional District Judge, Pithapuram to dispose of A.S.No.17 of 2015 on his file within 3 (three) months from the date of receipt of
a copy of this order. The miscellaneous petitions, if any, pending in this revision shall stand closed. No costs. ___________________ R.KANTHA RAO, J.
26th June, 2015.
Ak HON'BLE SRI JUSTICE R.KANTHA RAO Civil Revision Petition No.1915 of 2015
26th June, 2015.
(Ak)