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High Court for State of TelanganaCRP/2924/2016disposed of no costs

Alla Seetharavamma v. Syamala Rajakumari

2016-06-23Suresh Kumar Kait4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THE TWENTYTHIRD DAY OF JUNE TWO THOUSAND AND SIXTEEN PRESENT CIVIL REVISION PETITION NO. 2924 OF 2016 Between:

Alla Seethjaravamma & Anr. ... Petitioners Vs.

Syamala Rajakumar & Ors. ... Respondents Counsel for the Petitioners: Sri Sreenivasa Rao Velivela Counsel for the Respondents: None appeared

The Court made the following: [order follows] CIVIL REVISION PETITION NO. 2924 OF 2016 O R D E R :

Aggrieved by the order dated 23/2/2016 passed in I.A.No. 220 of 2016 in AS.No. 75 of 2016 by the I-Additional District Judge, Guntur, this Civil Revision Petition is filed by the petitioners/respondents.

2. It is stated in the grounds of revision that the court below ought to have dismissed the application instead of allowing the same however without assigning any reason and without giving finding that whether the respondent herein has acted bonafidely or not in preferring the appeal against the decree and judgment, allowed the application for staying the execution of decree which is unjust, unlawful, infringing the interests of the petitioners/respondents. It is further stated that the court below ought to have seen that petitioners herein are senior citizens and ought to have heard the appeal by fixing early date of hearing instead of staying the execution proceedings.

3. Learned counsel appearing on behalf of the petitioners

fairly concedes that he does not press the present Civil Revision Petition if this Court directs the appellate Court to decide the appeal as expeditiously as possible.

4. Keeping in view the facts and circumstances of the case, I deem it appropriate to direct the appellate court to decide A.S.No. 75 of 2016 filed by the petitioners/respondents, on merits and in accordance with law, within three months from the date of receipt of a copy of this order, by affording reasonable opportunity to both parties.

5. In view of the above direction, this Civil Revision Petition is disposed of at the stage of admission. No costs.

6. As a sequel, miscellaneous petitions if any, pending in this Civil Revision Petition shall stand closed.

​ ____________________________ JUSTICE SURESH KUMAR KAIT.

23/06/2016 I s L

CIVIL REVISION PETITION NO. 2924 OF 2016 Date: 23/06/2016 Circulation No.

Court Master: I s L