Devaraju Nandaram v. G.V. Sambashiva Rao

HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.498 of 2015 Order:

This civil revision petition is filed under Article 227 of the Constitution of India by the plaintiff in OS no.128 of 1013 on the file of the learned Judge, Family Court-cum-Additional District Judge, Karimnagar.

2. The only grievance of the revision petitioner is that the interlocutory application filed by the plaintiff in I.A.No.546 of 2014 under Order VIII, Rule 10 of the Code of Civil Procedure, 1908 requesting to reject the written statement filed by defendants 2 to 4 is not being taken up and that the trial Court having framed issues in the said suit is adjourning the matter for trial without taking up that application for hearing and disposal on merits.

3. I have perused material record and I have heard the submissions of the learned counsel for petitioner and the learned counsel for the contesting respondents-defendants.

4. Since the only grievance is that the application aforementioned is not being heard and disposed of and as the counsel on record have no objection for the trial Court to hear and dispose of the said application, this Court is of the considered view that the revision can be disposed of with appropriate directions.

5. In the result, the civil revision petition is disposed of directing the trial Court to hear and dispose of I.A.No.546 of 2014 in the above suit in strict accordance with the procedure established by law as expeditiously as possible and preferably within two months from the date of receipt of copy of this order. It is needless to state that if the post of Presiding Officer of the trial Court is vacant, the learned officer placed in charge of the above said Court shall comply with the directions in this order. The trial Court shall prioritize the other interlocutory applications pending, if any, in the suit and dispose of the same having regard to the priority to be given to them in the facts and

circumstances of the case.

The miscellaneous petitions, if any, pending in this revision shall stand closed. No costs.

___________________________ M.SEETHARAMA MURTI, J 17th June, 2016.

Ak HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.498 of 2015

17th June, 2016.

(Ak)