Kommineni Hari Babu v. Kommineni Guramma,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION Nos.2239 & 2249 of 2015 COMMON ORDER:

Heard the learned counsel for petitioners and the learned counsel for respondents. In view of the nature of relief sought in both the Civil Revision Petitions, they are being disposed of by this common order.

2. These two Civil Revision Petitions are filed alleging non-disposal of suits i.e., O.S.Nos.64 of 2009 and 199 of 2009. The petitioner in both the Civil Revision Petitions is the plaintiff in O.S.No.199 of 2009 on the file of the Court of Principal Senior Civil Judge, Tirupati, which was filed against the respondent herein for partition. The respondent in both the Civil Revision Petitions is the plaintiff in O.S.No.64 of 2009 on the file of the Court of Additional Senior Civil Judge, Tirupati, which was filed against the petitioner herein for declaration of title and cancellation of gift deed dated 27.01.2005. The properties involved in both the suits are different and hence they are being tried separately.

3. The learned counsel for petitioner brought to the notice of this Court the docket proceedings in O.S.No.199 of 2009 which showed that the said suit is being adjourned from time to time for arguments and it is not being disposed of. In respect of O.S.No.64 of 2009, it appears that at one stage, it was posted for arguments in August, 2015, but on the application of the respondent herein, the matter was reopened and was posted for cross-examination of the respondent. The learned counsel for the petitioner submits that there are no witnesses on behalf of the defendant (petitioner herein) and he is interested in early disposal of the matter.

4. In the circumstances, this Court is inclined to dispose of the present Civil Revision Petitions directing the learned Principal Senior Civil Judge, Tirupati to fix a final date for hearing the arguments in O.S.No.199 of 2009 and dispose of the same on that date and directing the learned Additional Senior Civil Judge, Tirupati to dispose of the suit O.S.No.64 of 2009 on or before 31.12.2015 by taking it on priority basis.

5. With the above directions, the Civil Revision Petitions are disposed of. No order as to costs. Miscellaneous Petitions, if any pending in both the Civil Revision Petitions, shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 24.11.2015 TJMR