Pathi Guruvaiah, v. Thurpati Shankar,

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.5254 of 2012 O R D E R :

This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order dt.31.12.2011 in CMA.No.18 of 2011 of the VI Additional District Judge (III FTC), Warangal at Mahabubabad setting aside the order dt.18.03.2011 in I.A.No.337 of 2009 in O.A.No.106 of 2009 of the Junior civil Judge, Thorrur and remitting the matter back to the said Court for fresh consideration with a direction to the petitioner to file and get marked his title deed.

2. Heard Sri Namavarapu Rajeswara Rao, counsel for the petitioner and Sri V.Ravi Kiran Rao, counsel for respondents.

3. Although this Revision had been filed in the year 2012 and on 19.10.2012 this Court directed that the order passed by the trial Court in I.A.No.337 of 2009 should not operate only for four weeks, admittedly the said I.A. is still pending, and has not been decided by the Court below. Since almost four years have elapsed from the date of order in CMA remitting I.A.No.337 of 2009 to the Court of Junior Civil Judge, Thorrur, I do not deem it proper to now consider whether the very order of remand is valid or not.

4. In the interests of justice, the Junior Civil Judge, Thorrur is therefore directed to decide the I.A.No.337 of 2009 in O.A.No.106 of 2009 on his file as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of copy of this order, positively, after hearing counsel for both sides and by allowing the petitioner to file and get marked his title deed and also after considering the same.

5. With the above direction, this Civil Revision Petition is disposed of. There shall be no order as to costs.

6. Consequently, miscellaneous petitions pending, if any, shall stand dismissed. _____________________________ M.S.RAMACHANDRA RAO, J 22nd September, 2015.

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