M. Krishnaiah v. Smt M.Aruna Devi And 5 Others

HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL REVISION CASE No.1979 of 2016 JUDGMENT:

This criminal revision case is filed under Sections 397 and 401 of Cr.P.C., challenging the order dated 29.06.2016 passed in M.P.No.27 of 2015 in M.C.No.21 of 2000 by the Judge, Family Court, Secunderabad.

2.

At the time of arguments, both counsel with one voice submitted that the matter may be remanded to the trial Court for fresh disposal.

3.

In view of the submissions made by both counsel, the criminal revision case is allowed and the order dated 29.06.2016 passed in M.P.No.27 of 2015 in M.C.No.21 of 2000 by the Judge, Family Court, Secunderabad, is hereby set aside. The trial Court is hereby directed to dispose of M.P.No.27 of 2015 on merits after affording reasonable opportunity to both parties, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. It is made clear that withholding of an amount of Rs.5,00,000/- (Rupees five lakhs only) by the Project Manager, Somavaram Project, Nuzividu, Krishna District, holds good till disposal of M.P.No.27 of 2015.

4.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

_______________________ T. SUNIL CHOWDARY, J 14th November 2016.

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