Sri Chanumolu Hari Prakash v. Sri Chanumolu Jawahar Babu

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No.3780 of 2018 ORDER:

The grievance of the petitioner, the plaintiff in O.S.No.495 of 2016 on the file of the learned XV Additional District Judge, Ranga Reddy District at Miyapur, is with regard to the non-disposal of I.A.No.388 of 2016 filed by him in the said suit.

As this Court is not proposing to venture into the merits of the matter and the only complaint is with regard to the failure of the trial Court to dispose of the I.A. filed by the plaintiff, there is no necessity to put the respondents herein, the defendants in the suit, on notice. Perusal of the docket of the subject I.A. reflects that it has been kept pending since 03.04.2017 and has undergone as many as 54 adjournments.

Sri M.V.Durga Prasad, learned counsel for the petitioner-plaintiff, would state that there is no stay of the proceedings in the suit though a case is pending before the Supreme Court in relation to an I.A. order, which is not even alive presently as the said I.A. was subsequently withdrawn.

If this is the situation, there is no justification on the part of the trial Court in keeping the subject I.A. pending indefinitely and postponing the hearing thereof from time to time.

The civil revision petition is accordingly disposed of directing the learned XV Additional District Judge, Ranga Reddy District at Miyapur, to take up the subject I.A. for hearing and dispose of the same on its own merits and in accordance with law as expeditiously as possible.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________ SANJAY KUMAR,J Date:13.07.2018 GJ