Eraboina Mallaiah, Nalgonda Dist And Four Others v. Eraboina Rajamallu, Nalgonda Dist And Another

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.5034 of 2017 ORDER:

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed assailing the order, dated 31.03.2017, of the learned V Additional District Judge, Bhongir, Nalgonda District, passed in I.A.no.69 of 2017 in A.S.No.83 of 2011 filed by the revision petitioners/ appellants under Order XLI Rule 5 of read with Section 151 of the Code of Civil Procedure, 1908, requesting to grant stay of all further proceedings pursuant to the decree and judgment in O.S.No.196 of 2006 on the file of Junior Civil Court, Bhongir.

I have heard the submissions of the learned counsel appearing for the petitioners at the stage of admission.

By the order impugned in this revision, the afore-said application was dismissed. The appeal is of the year 2011. Even according to the submissions of the learned counsel for the petitioners, the final decree proceedings pending in the trial Court are at an advanced stage, as the Commissioner had already filed his report. Earlier, this Court, by order, dated 30.12.2016, in C.R.P.No.6104 of 2016 considered the request for early disposal of the application, which was filed to restore the aforesaid appeal, which was dismissed for default. Later, the appeal stood restored to the file of the 1st appellate Court, that is, the Court below. In that view of the matter, instead of deciding this revision by going into the merits of the impugned order whereby the application for grant of stay of the decree of the trial Court was dismissed, it would be in the interest of justice to direct the learned V Additional District Judge, Bhongir, to dispose of the first appeal, as expeditiously as

MSRM, J CRP_5034_2017 possible, preferably within one month from the date of receipt of a copy of this order, as such a course would sub-serve the ends of justice. The Civil Revision Petition is disposed of accordingly directing the learned V Additional District Judge, Bhongir, to decide on merits and in accordance with the procedure established by law A.S.no.83 of 2011 as expeditiously as possible, preferably within one month from the date of receipt of a copy of this order.

There shall be no order as to costs.

Pending miscellaneous petitions, if any, in this revision shall stand closed.

_____________________ M. SEETHARAMA MURTI, J 15.12.2017 Note:- Issue CC by 18.12.2017 (B/ o) RAR

MSRM, J CRP_5034_2017 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.5034 of 2017 18-12-2017