Sri Goli Ananda Rao v. Gavini Srinivasulu

O R D E R:

The grievance in the present revision, filed under Article 227 of the Constitution of India, by the fourth respondent in O.P.No.10 of 2014, is the non-disposal of the said O.P by the Court of the Family Court-VIII Additional District Judge, Ongole, Prakasam District.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The first respondent herein filed O.P.No.10 of 2014, on the file of the Family Court-VIII Additional District Judge, Ongole, Prakasam District, questioning the order of the second respondent herein disqualifying the first respondent herein, who was elected as a Member of Mandal Praja Parishad. Along with the said O.P the first respondent herein also filed I.A.No.988 of 2014 under the provisions of Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, seeking suspension of the orders passed by the second respondent herein on 30.09.2014.

4. Resisting the said I.A.988 of 2014, the first respondent in O.P., who is the petitioner herein, filed a counter affidavit on 02.02.2015. The complaint of the petitioner is that even though he filed counter affidavit as long back as on 02.02.2015, no final orders have been passed on I.A.988 of 2014.

5. It is also brought to the notice of this Court that earlier in W.A.No.1380 of 2014 a Division Bench of this Court passed an order on 11.12.2014 observing that the matter will be decided positively within a period of three months from the date of filing. In the instant case, the first respondent herein filed O.P in the year 2014.

6. In the facts and circumstances of case, this Court is of the considered opinion that the ends of justice would be met if a direction is issued to the learned District Judge to dispose of I.A.988 of 2014 by fixing some time.

7. For the aforesaid reasons and having regard to the nature of controversy, the Civil Revision Petition is disposed of, directing the Court of the Family Court-VIII Additional District Judge, Ongole, Prakasam District to dispose of I.A.988 of 2014 in O.P.10 of 2014, as expeditiously as possibly, preferably, within a period of two months from the date of receipt of a copy of this order. As a sequel, Miscellaneous Petitions, if any, shall stand disposed of. No order as to costs.

______________ A.V.SESHA SAI,J Date: 03.07.2015 grk

Dated 03rd July, 2015 grk

Dated 03rd July, 2015 Between:

Goli Ananda Rao, S/o G.Seshagiri, age years, R/o. Epurupalem village, Chirala Mandal, Prakasam District.

.... Petitioner And Gavini Srinivasulu, S/o Durgaiah, age 46 years, R/o Gavinivaripalem, Chirala Mandal, Prakasam District. ... Respondnets