B.Karunakar Reddy v. Pratapaneni Murali Rao

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No.2109 of 2017 ORDER:

The present Civil Revision Petition, under Article 227 of the Constitution of India, came to be filed by the petitionerDefendant No.3 seeking a direction for early disposal of I.A.No.104 of 2017 in O.S.No.58 of 2011 pending on the file of the III Additional District Judge, Tirupati.

Heard the learned counsel for the petitioner and perused the material on record. There is no necessity to put respondents on notice, since this Court is not venturing to adjudicate the case on merits.

It is the case of the petitioner that though he filed I.A.No.104 of 2017 in O.S.No.58 of 2011 seeking grant of stay of all further proceedings in O.S.No.58 of 2011, on 18.01.2017, till date the same is not disposed of by the learned Judge. Learned counsel for the petitioners submits under Order XXXIX Rule 3-A of the Code of Civil Procedure, any interlocutory application shall be disposed of within a period of thirty days. He further submits that since the application is filed for grant of stay of all further proceedings in the main suit, irreparable loss would be caused to the petitioners, if the same is not disposed of at the earliest.

Having regard to the circumstances of the case and as the interlocutory application was filed in the month of January, 2017, the III Additional District, Judge, Tirupati, is directed to dispose of

I.A.No.104 of 2017 in O.S.No.58 of 2011, if not already disposed of, in accordance with law, as early as possible preferably within a period of three months from the date of receipt of a copy of this order.

Accordingly, the Civil Revision Petition is disposed of. Miscellaneous petitions pending in this revision, if any, shall stand closed. No costs.

_______________________________ JUSTICE C. PRAVEEN KUMAR 28.04.2017 sur