Sri Bathina Loknadha Rao v. Manda Sathi Reddy And 18 Others

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION NO.5571 OF 2017 DATED:29-03-2018 Between:

Bathina Loknadha Rao ... Petitioner And Manda Sathi Reddy, Represented by GPA Holder Potluri Sreedevi and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. C. Prakash Reddy, Senior Counsel, for Mr. Avinash Desai COUNSEL FOR RESPONDENT No.1: Mr. C. Subba Rao, for Mr. A.S.C. Bose THE COURT MADE THE FOLLOWING:

CVNR, J CRP 5571/2017 ORDER:

This civil revision petition arises out of order dt.10.07.2017 in I.A. No.873 of 2015 in O.S. No.797 of 2014 on the file of the VII Additional District Judge, Visakhapatnam. After hearing Mr. D. Prakash Reddy, learned Senior Counsel appearing for the appellant, and Mr. Challa Subba Rao, learned counsel appearing for respondent No.1, we do not find any jurisdictional error in the order of the lower Court dismissing I.A. No.873 of 2015 filed for return of the plaint on the ground that it does not disclose the cause of action. Therefore, the civil revision petition is dismissed, however, with the observation that the findings, if any, touching upon the merits of the case shall not have any bearing on the adjudication of the suit on merits.

The learned Senior Counsel for the appellant requested for a direction to the lower Court to dispose of the suit early. I am, however, conscious of the fact that the suit is of the year 2014 and the Courts below were directed to give priority to the cases upto 2013. Therefore, I am not inclined to issue a peremptory direction to the lower Court to dispose of the suit early. However, it may explore the possibility of expeditious disposal of the suit without violating the existing circulars.

CVNR, J CRP 5571/2017 As a sequel to dismissal of the civil revision petition, C.R.P.M.P. No.7223 of 2017 shall stand disposed of as infructuous.

___________________________ C.V. NAGARJUNA REDDY, J 29-03-2018 bnr