M.Laxminarayana v. M. Kishan And 5 Others

THE HON'BLE SRI JUSTICE S.V.BHATT CIVIL REVISION PETITION Nos.2536 and 2738 of 2013 COMMON ORDER:

Learned counsel appearing for parties submit that in view of the order dated 21.08.2018 passed in C.R.P.No.1053 of 2013, the present Civil Revision Petitions are substantially covered by the said order. Hence, for the same reasons, the present Civil Revision Petitions c an be disposed of.

The operative portion of the order dated 21.08.2018 in C.R.P.No.1053 of 2013 reads as follows :- This Court is of the view that the plea of the revision petitioner for partition of properties described in the written statement is taken note and an issue is also framed. Therefore, while considering the said issue, the Court upon trial and evidence adjudicate the issues. Therefore, the amendment to include the properties as plaint schedule is not warranted. The order impugned in the revision though is confirmed, the findings recorded on the character and nature of properties now proposed to be included in the schedules C and H are set aside.

The trial Court is directed to consider and dispose of O.S.No.03 of 2009 as expeditiously as possible preferably within two months from the date of receipt of copy of this order. The petitioner is given liberty to place the copy of this order before the trial Court by way of a memo and seek expeditious disposal. Civil Revision Petition dismissed with the above observations.

In that view of the matter, the present Civil Revision Petitions are dismissed with the same observations. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Dt: 28.08.2018 Prv