V.Prabhakar Goud v. Sriram Zyya

HON'BLE SRI JUSTICE S.V. BHATT C.R.P.No.574 OF 2013 ORDER:

Heard Mr.M.Damodar Reddy for petitioner.

Plaintiff is the revision petitioner. He challenges the order dated 14.11.2012 passed by the learned Junior Civil Judge, Zaheerabad in O.S.No.207 of 2007 on the office note. The operative portion of the order impugned in the revision reads as under: "Accordingly, the ex parte order dated 26.07.2012 passed by this Court in the suit is hereby recalled and the suit is re-opened for fresh disposal in accordance with law, after due notice to the 3rd defendant.

Issue summons to 3rd defendant on payment of process by plaintiff. Call the suit on 14.12.2012". I have perused the record. The trial Court has rightly reopened the suit for fresh disposal by giving reasons. This Court is in agreement with the reasons recorded by the trial Court. No ground warranting interference under Article 227 of the Constitution of India is made out.

Revision fails and is, accordingly, dismissed. There shall be no order as to costs.

After dismissal of the revision, Mr.Damodar Reddy requests to direct the trial Court to dispose of the suit. Hence, the trial Court is directed to dispose of the suit within three months from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, stands closed. ____________ S.V.BHATT, J 07th September, 2018 Lrkm