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High Court for State of TelanganaCRP/4710/2017disposed of no costs

Mrs.Baneeya Bee, v. Gul Mohhammed,

2017-10-06A.Shankar Narayana2 pages

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL REVISION PETITION No.4710 of 2017 ORDER:

The only request made in the present civil revision petition is to direct the VII Additional District and Sessions Judge, Bodhan, to dispose of O.S.No.7 of 2016 on his file on the ground that the revision petitioner - plaintiff suffered paralytic stroke in the year 2006 and almost bed ridden and, without the assistance of an attendant, she is unable to move and pursue her activities and she intends to see the result in the suit.

Sri A. Sanjeeva Narayana, learned counsel for the revision petitioner, would canvass the aforesaid point. The revision petitioner has also filed the case details of the aforesaid suit. Sri T. Sujan Kumar, learned counsel for respondent No.1, would submit that there is no regular Presiding Officer at Bodhan Court and the learned Additional District Judge, Nizamabad, is camping once in a week. He would also submit that the present suit is of latest year and no proof is filed that the petitioner did suffer from paralytic attack in 2006.

A positive photograph of the revision petitioner is filed at page 23 of the material papers, from which it appears that her right half portion of the body was affected with paralysis. Learned counsel for the revision petitioner, of course, sought time to file medical proof, but it is unnecessary to probe into medical proof.

A perusal of the case details would show that the Presiding Officer has recorded that D3 has filed written statement and there was no representation for D4 and D5 and, therefore, he forfeited their right to file written statement. So far as D1 and D2 are concerned, both of them were set ex parte on 20.01.2017 and the case was posted to 10.03.2017 and later adjourned to 07.06.2017. It is seen that the Presiding Officer was on Casual Leave on one occasion and on Official Duty on last two occasions. Be that as it may, keeping in view the submission made by the learned counsel for the revision petitioner and also the petition affidavit averments, it is desirable that a direction be given to the learned VII Additional District Judge, Bodhan, to dispose of the matter as expeditiously as possible, preferably within a period of one year from today.

Accordingly, the revision petition is disposed of. Miscellaneous applications, if any, pending in the present revision stand closed. No order as to costs.

_________________________________ JUSTICE A.SHANKAR NARAYANA 06.10.2017 v v