Bandari Nageswara Rao, v. Bandari Kalyani,
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CIVIL REVISION PETITION No.1970 OF 2017 ORDER:
This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the inaction on the part of the learned V Additional District Judge at Khammam in disposing of I.A.No.339 of 2016 in A.S.No.2 of 2015.
Heard the learned counsel for the petitioners. A perusal of the record reveals that respondent Nos.1 to 3 herein have filed O.S.No.292 of 2007 on the file of the Court of the Additional Senior Civil Judge (FTC) at Kothagudem against the petitioners herein for recovery of the suit amount. After fullfledged trial, the trial Court decreed the suit in favour of respondent Nos.1 to 3 and against the petitioners herein on 18.06.2015. Feeling aggrieved by the judgment and decree dated 18.06.2015 in O.S.No.292 of 2007, the petitioners have preferred A.S.No.2 of 2015 on the file of the V Additional District Judge at Khammam. Along with the appeal, the petitioners have filed I.A.No.339 of 2016 seeking to stay of all further proceedings in O.S.No.292 of 2007. For one reason or other, the appellate Court has not disposed of the said I.A.
The only relief sought by the learned counsel for the petitioners is to direct the appellate Court to dispose of I.A.No.339 of 2016 in A.S.No.2 of 2015.
In view of the submission made by the learned counsel for the petitioners, this Court is not inclined to go into the merits of the main case.
Having regard to the facts and circumstances of the case and also the submission made by the learned counsel for the petitioners, the learned V Additional District Judge at Khammam is hereby directed to dispose of I.A.No.339 of 2016 in A.S.No.2 of 2015, as expeditiously as possible, preferably on or before 15.07.2017.
With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J Date: 28.04.2017 Ivd