M.B.R.N.Prathap v. Avula Sarada

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CIVIL REVISION PETITION No.474 of 2016 ORDER:

This Civil Revision Petition is filed seeking a direction to dispose of E.P.No.108 of 2015 in P.L.C.No.676 of 2015 on the file of Principal District Judge, Kadapa, at the earliest.

2. Heard.

3. No grounds to admit as what is contemplated by Order XXI Rule 22 of Code of Civil Procedure of mandatory requirement of notice after two years of decree no way says, within two years, Court has no power to order notice or straight away pass order to the execution relief and once notice is issued within that discretion, there is nothing to interfere by sitting in revision but for to say the lower Court shall make every endeavour for earlier disposal of the said E.P. as contemplated under Order XXI C.P.C. to the extent of applicability of rules 1 to 106.

With the above direction, this Civil Revision Petition is disposed of. There is no order as to costs.

5. Miscellaneous petitions, pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:04-02-2016 pab