Vadana Saraswathi v. Vavilapalli Rajeswari

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CIVIL REVISION PETITION No.4786 of 2015 ORDER:

This civil revision petition is filed by the petitioner aggrieved by the nondisposal of I.A.No.272 of 2009 in O.S.No.10 of 2000, on the file of Senior Civil Judge, Rajam, Srikakulam District.

2. Learned counsel for the petitioner submits that O.S.No.10 of 2000 is a partition suit wherein a preliminary decree was passed and thereafter, the second respondent filed A.S.No.2863 of 2001 before this Court and the same is pending and in the said appeal, the appellant obtained interim stay of passing of final decree in A.S.M.P.No.24418 of 2001. His further submission is that the 3rd defendant who is the petitioner herein filed the final decree petition in I.A.No.272 of 2009 before the trial Court and the trial Court is not taking up the said matter though the stay was only against passing of the final decree and not for conducting other proceedings. Aggrieved by the non-disposal of I.A.No.272 of 2009, the present civil revision petition is filed.

3. It is seen that there is no impugned order to warrant the present civil revision petition and hence, the civil revision petition is not maintainable on that count. The petitioner is instructed to pursue her remedy in the concerned appeal to obtain suitable direction to the trial Court.

4. The Civil Revision Petition is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this civil revision petition shall stand closed.

______________________ U.DURGA PRASAD RAO,J Date: 13th November 2015 KL

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

CIVIL REVISION PETITION No.4786 of 2015 13th November 2015 KL