M/S Suryasree Developers v. Smt. Gaddameedi Tulasi Bai

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENry SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL C|VIL REVISION PETITION NO: 4136 OF 2024 Petition under Arlicle 227 of the Constitution of lndia aggrieved for expeditious disposal of the 1.A.No.154 ol 2024 in O.S.No.B of 2024 on the file of the Court of the I Additional District Judge, Yadadri Bhuvanagiri District at Bhongir. Between:

Mis Suryasree Developers, Regd. Partnership Firm bearing Regn. No.182412O17 having its office at Flat No.402, H: No.1-65/528, Vamshiram Jyothi Habitat, Plot No.52B, Road No.11, Kakateeya Hills, Madhapur, Hyderabad, Rep. by its Managing Partner, Ch. Raji Reddy S/o Late Ch Ramana Reddy, Aged 67 yrs, Occ. Business, R/o H. No.8-2-2931821U284, Plot No.28A, Flat No.101, Legend Apex Apartment, MLA Colony, Road No.1, Banjara Hills, Hyderabad

...Petitioner / PIaintiff

AND Smt. Gaddameedi Tulasi Bai, Wo. Sri G. Srinivas, Aged 58 yrs., Occ. Household, R/o. H. No. l1-2-47314, Namalagundu, Upperbasti, Secunderabad

...Respondent / Defendant

lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Court dispose of l.A.No.154 ot 2024 in O.S.No.B of 2024 on the file of the Hon'ble I Addl. District Judge, Yadadri-Bhuvanagiri District, at Bhongir, as expeditiously as possible in accordance with law, within a reasonable time to be fixed by this Hon'ble Court in the interest of justice. Counsel for the Petitioner Mr Lakshma Reddy Rep. Mr Anuganti Praneeth Counsel for the Respondent :

The Court made the following Order :

THE HON'BLE SRI JUSTICE E.V. VENUGOPAL CTVIL REVISION PETITION N0.4136 0F 2024 ORDER:

This Civil Revision Petition is filed by the petitioner seeking for expeditious disposal of I.A.No.l54 of 2024 in O.S.No.8 of 2024 of the learned I Additional District Judge, Yadadri-Bhuvanagiri District, at Bhongir (for short, "the trial Court").

2.

Heard Mr.Lakshma Reddy, learned counsel representing Mr.Anuganti Praneeth, learned counsel for the petitioner. 3.

The brief facts of the case are that the petitioner filed the suit vide O.S.No.8 of 2024, against the respondent herein on the file of the learned I Additional District Judge, Yadadri-Bhuvanagiri District, at Bhongir, seeking specific performance of memorandum of understanding dated 16.O2.2O1a, to direct the respondent to execute and register the Development Agreement-cum-General Power of Attorney in respect of suit schedule propert5r in favour of petitioner. Whileso, respondent herein filed an application vide I.A.No. 154 of 2024 in O.S.No.8 of 2024 seeking to reject the plaint filed by the petitioner and the same is pending adjudication. Therefore, the petitioner filed this Revision seeking to direct the trial Court to - dispose of the said application as expeditiously as possible . .-

4.

Learned counsel for the petitioner submits that the learned Judge of the trial Court had heard the I.A.No.154 of 2024 rn O.S.No.8 of 2024 at length and reserved it for orders ot 18.07.2,024; despite lapse of considerable time, the trial Court has not pronounced the orders and the same is causing hardship to the petitioner. He further states that the Managing Partner of the petitioner firm is aged about 67 years and he is suffering from severe health problems. Therefore, further delay in disposal of the said I.A. is prejudicial to the rights of the petitioner. Relying on the decision of the Hon'ble Supreme Court in Salem Advocates Bar Association Vs. Union of Indial, learned counsel seeks to pass appropriate orders.

5.

Having regard to the submissions of learned counsel for the petitioner, this Court is inclined to dispose of this Revision at the stage of admission, by directing the learned I Additional District Judge, Yadadri-Bhuvanagiri District, at Bhongir to dispose of the LA.No.154 of 2024 in O.S.No.8 of 2024, as expeditiously as possible, strictly in accordance with law.

6.

With the above direction, this Civil Revision Petitioq disposed of.

, Arq.?00s SUPREME couRT s3s3,

Miscellaneous applications, if any, pending shall stand closed. Sd/- N. SRIHARI ASSISTAN REGI R //TRUE COPY// OFFICER S To,

1. The I Additional District Judge, Yadadri Bhuvanagiri District at Bhongir

2. One CC to Mr Anuganti Praneeth, Advocate tOpUCl

3. Two CD Copies Vtugh

HIGH COURT DATED:2711212024 14 r€.

S o ( ci) 6.

0gur2ffi 2o

ORDER

* .1, I r, EO .at T c CRP.No.4136 of 2024 DISPOSING OF THE CRP