Shaik Zafar v. Shaik Zakir

CIVIL REVISION PETITION No.5463 OF 2018 Date:16.11.2018 Between:

Shaik Zafar, S/o.Late Shaik Azeem, Aged about 44 years, Occ: Business, R/o.H.No.8-3-668/1/10, First Floor, Jaioprakash Nagar Colony, (Post) Srinagar Colony, Yellareddyguda, Hyderabad-TS.

... Petitioner Vs.

Shaik Zakir, S/o.Late Shaik Azeem, Aged about 42 years, Occ: Business, R/o. 8-3-668/1/10, Gound floor, Jaiprakash Nagar Colony, (Post) Srinagar Colony, Yellareddyguda, Hyderabad-TS.

... Respondent Counsel for Petitioner : Sri Nazir Ahmed Khan Counsel for Respondent : Ms.K.Annapura Reddy Gist :

Head Note :

Cases Referred : Nil

CIVIL REVISION PETITION NO.5463 OF 2018 ORDER:

Aggrieved by the dismissal of an application for appointment of a receiver to run a lodge owned by the partnership firm of which the petitioner and the respondent are partners, the plaintiff in the suit has come up with the above revision.

Heard Mr.Nazir Ahmed Khan, learned counsel for the petitioner. Ms. K.Annapurna Reddy, learned counsel, takes notice for the respondent.

The suit is one for dissolution of partnership firm and rendition of accounts. Unfortunately for the plaintiff, though an application for appointment of a receiver was filed along with the suit in the year 2012, the trial Court did not choose to dispose of the same for six years. Thus, the petitioner has truly suffered, but he has been accustomed to suffering for the past six years. Therefore, at this stage, entertaining a revision as against the dismissal of the said application and putting on hold a final decision in the suit, which is already six years old, will not be in the interest of either of the parties.

Hence, the Civil Revision Petition is dismissed. The trial Court is directed to dispose of the suit, as it is more than six years old, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

____________________________ V. RAMASUBRAMANIAN, J 16th November, 2018 JSU

CIVIL REVISION PETITION NO.5463 OF 2018 Date: 16.11.2018 JSU