Saleem v. C.R.Abdulla

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CIVIL REVISION PETITION Nos. 2715 and 2716 of 2017 COMMON ORDER:

1) C.R.P.No.2715 of 2017 is filed by the petitioner/ judgment debtor, against the order dated 14.03.2017, passed in E.A.No.12 of 2014 in O.E.P.No.86 of 2014 in O.S.No.128 of 2007 on the file of the Senior Civil Judge, Palamner, wherein an application filed under Section 151 of C.P.C. to direct the Circle Inspector of Police, Kuppam Police Station, to grant police aid to the Court Amin and to deliver the E.P.schedule property, was allowed. 2) C.R.P.No.2716 of 2017 is filed by the petitioner/ judgment debtor, against the order dated 14.03.2017, passed in E.A.No.13 of 2014 in O.E.P.No.86 of 2014 in O.S.No.128 of 2007 on the file of the Senior Civil Judge, Palamner, wherein an application filed under Section 151 of C.P.C. to direct the Court Amin to break open the lock of the doors of E.P.

schedule property with the assistance of Inspector of Police, Kuppam Police Station, apart from deliver the same to the decree holder, was allowed. 3) Since the issues involved in both the Civil Revision Petitions filed under Article 227 of the Constitution of India are interconnected, they are disposed of by this common order. 4) Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that against the decree and judgment passed in O.S.No.128 of 2007, an appeal vide A.S.No.

of 2013 came to be filed before the Principal District Judge, Chittor. He further submits that along with the said appeal, the petitioner also filed an I.A. seeking suspension of the decree passed in O.S.No.128 of 2007 and the same is pending consideration and hence seeks a direction to dispose of the said I.A., but however, he could not give the said I.A.number. 5) In view of the representation made and since the appeal filed by the petitioner is pending consideration, the Prl. District Judge, Chittoor, shall take steps to pass orders even in the I.A. if any, filed and is still pending consideration, in accordance with law, as early as possible, preferably, within a period of four (04) to six (06) weeks from the date of receipt of a copy of the order. 6) With the above direction, both the Civil Revision Petitions are disposed of. There shall be no order as to costs. 7) Miscellaneous Petitions pending, if any, pending shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 04.08.2017 gkv