K Satyanarayana Raju, Hyderabad v. Neerudin Eshwaraiah, Ranga Reddy Dist And 26 Others

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SRI JUSTICE A.SANTHOSH REDDY CIVIL MISCELLANEOUS APPEAL No.564 OF 2015 JUDGMENT: (Per Hon'ble Dr.SA,J) This appeal, under Order XLIII Rule 1(r) read with Section 151 of C.P.C., is filed by the appellant/defendant No.1, aggrieved by the docket order, dated 16.03.2015, passed in I.A.No.470 of 2015 in O.S.No.153 of 2015 by the learned Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad.

2.

Heard Sri J. Prabhakar, learned Senior Counsel appearing for the appellant/defendant No.1, and perused the record. 3.

In spite of service of notice, there is no representation on behalf of the respondents.

4.

The impugned docket order, dated 16.03.2015, passed in I.A.No.470 of 2015 in O.S.No.153 of 2015, reads as follows: "Petitioner present. Heard. Issue notice to respondents. Call on 27-04-2015. In the meantime both parties are directed to maintain status quo."

Dr.SA,J & ASR,J C.M.A.No.564 of 2015 5.

The online case status of the subject Suit in O.S.No.153 of 2015 filed by the Registry before this Court reveals that the subject Suit is posted to 19.01.2023 for cross-examination of the witnesses. The subject Suit is of the year 2015. As per the circulars issued by this Court from time to time, Suits pending since more than five years have to be given utmost priority and the Presiding Officer concerned shall make every endeavor to dispose of the cases on priority basis and reduce the pendency of pre-2018 cases. Since the subject suit pertains to the year 2015, the Court concerned ought to have disposed of the subject Suit, by this time. As the trial had already commenced, it is not appropriate to go into the merits of the case and tender an opinion. In such an event, it will have a bearing over the final determination of the subject Suit. In view of these circumstances, it is appropriate to direct the Court below to dispose of the subject suit in O.S.No.153 of 2015 expeditiously.

6.

Under these circumstances, the Court below is directed to dispose of the subject Suit in O.S.No.153 of 2015, in accordance with law,

Dr.SA,J & ASR,J C.M.A.No.564 of 2015 expeditiously, preferably within a period of three (3) months from the date of receipt of a copy of this order.

7.

With the above direction, the appeal is disposed of. Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs. _______________________ Dr. SHAMEEM AKTHER, J _____________________ A.SANTHOSH REDDY, J Date: 26.12.2022 MD