Kakara George v. Koppisetty Yesu,
THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.5745 of 2015 ORDER:
This civil revision petition under Article 227 of the Constitution of India by the petitioner in Election OP.No.7 of 2013 on the file of the learned Principal Junior Civil Judge, Tadepalligudem is filed requesting to direct the learned II Additional Junior Civil Judge, Tadepalligudem holding Full Additional Charge of the post of the Junior Civil Judge, Tadepalligudem to dispose of the above-mentioned EOP as expeditiously as possible.
2. Heard the submissions of the learned counsel for the revision petitioner. Perused the material record.
3. The grievance of the revision petitioner is that the EOP filed by him before the Court below is not being disposed of expeditiously though the Statute and also the precedential guidance in the decision of the Supreme Court in Pukhrem Sharatchandra Singh v. Mairembam Prithviraj alias Prithibiraj Singh [AIR 2015 SC 3783] mandate that election original petition shall be disposed of expeditiously and that the grant of adjournments by the Court below in an extremely liberal manner is deprecated by the Supreme Court.
4. At the hearing, the learned counsel for the petitioner would submit that the affidavits in lieu of examination in chief of PWs2 to 4 were already filed and that the matter is at the stage of the cross examination of the said witnesses and that the post of the learned Principal Junior Civil Judge, Tadepalligudem is vacant for no Officer is posted to preside over the said Court and that the II Additional Junior Civil Judge, Tadepalligudem is holding the Full Additional Charge of the post of the Principal Junior Civil Judge, Tadepalligudem and that if directions are given to dispose of the EOP as expeditiously as possible and within a timeframe the ends of justice would be
met.
5. Having regard to the submissions and the precedential guidance in the decision of the Supreme Court, this Court is satisfied that appropriate directions can be given and the CRP can be disposed of at the admission stage, as such a course meets the ends of justice.
6. In the result, the Civil Revision Petition is disposed of directing the learned II Additional Principal Junior Civil Judge, Tadepalligudem, holding the Full Additional Charge of the post of the Principal Junior Civil Judge, Tadepalligudem to dispose of the EOP.No.7 of 2013, in accordance with the procedure established by law, as expeditiously as possible and preferably within a period of two (02) months from the date of the receipt of the copy of this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this CRP shall stand closed.
__________________ M. SEETHARAMA MURTI, J 25.02.2016 Note: Issue CC in three days.
(B/o) Vjl