Simhadri Saiji Rao, v. Chetlapalli Ramakoti Bhaskara Rao,

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU C.R.P.NO.4517 OF 2017 ORAL ORDER (Per SKK,J) Vide the present petition, petitioner has assailed the order and decree dated 1.8.2017 passed by the court of VI Additional District Judge, Visakhapatnam in I.A.No.207/2017 in I.A.No.469/2015 in AOP.No.652/2015, whereby, the learned trial court issued show cause notice to the petitioner herein as to why he shall not be arrested for his failure to furnish security for petition/AOP subject matter amount by 24.08.2017.

The learned counsel appearing for the respondents, on instructions, would submit that he has no objection if the impugned order dated 1.8.2017 is set aside, however, the petitioner may be directed to file an affidavit undertaking not to leave the jurisdiction of the trial court without its permission.

The learned counsel for the petitioner does not dispute the same and submits that petitioner would file an affidavit to the said effect. In view of above submissions of both the counsel, the impugned order is set aside and the revision is allowed by directing the petitioner to file an affidavit before the court below that he shall not leave the jurisdiction of the trial court without its permission No costs.

Trial court is directed to dispose of the AOP.No.652/2015 expeditiously.

Miscellaneous petitions pending if any, shall stand closed. ----------------------------------------------- SURESH KUMAR KAIT,J ------------------------------------------------ D.V.S.S.SOMAYAJULU,J DATE:24-10-2017 AVS