Rodda Mysamma And Another vs Rodda Yellamma And 4 Others

Citation : 2021 Latest Caselaw 3800 Tel
Judgement Date : 26 November, 2021

Telangana High Court
Rodda Mysamma And Another vs Rodda Yellamma And 4 Others on 26 November, 2021
Bench: K.Lakshman
            THE HON'BLE JUSTICE K. LAKSHMAN

         CIVIL REVISION PETITION No.1839 of 2021


ORDER:

This Civil Revision Petition is filed seeking a direction to the learned Principal Junior Civil Judge, Mancherial, to dispose of O.S.No.49 of 2019, as expeditiously as possible.

Heard Sri Gajanand Chakravarthy, learned counsel for the petitioners.

The petitioners herein are plaintiffs in O.S.No.49 of 2019 filed for perpetual injunction against the respondents/defendants herein, wherein the respondents/ defendants have set exparte vide order dated 26.07.2019. Thereafter, the respondents/defendants have filed an application in I.A.No.469 of 2019 in O.S.No.49 of 2019 seeking to set aside the said exparte order dated 26.07.2019 and the same was dismissed on 18.03.2021.

According to the learned counsel for the petitioners, the respondents/defendants have not filed any revision challenging the said order dated 18.03.2021 in I.A.No.469 of 2019 in O.S.No.49 of 2019 and the matter is posted for judgment. Learned counsel for the petitioners contends that the Court below is not pronouncing the judgment in O.S.No.49 of 2019 despite dismissal of I.A.No.469 of 2019 vide order dated 18.03.2021 and the respondents/defendants 2 KL, J C.R.P.No.1839 of 2021 are interfering with the possession of the petitioners/plaintiffs over the suit schedule property. Therefore, there is an urgency in the matter.

A perusal of the record would reveal that the learned Principal Junior Civil Judge, Mancherial, has dismissed I.A.No.469 of 2019 in O.S.No.49 of 2019 on 18.03.2021 itself and it is a reasoned order. In the said order dated 18.03.2021, there is a specific mention that the main suit is posted for judgment. Even then, the learned Principal Junior Civil Judge, Mancherial, has not passed any judgment in the said suit.

Considering the said facts, more particularly, the fact that the respondents/defendants have not preferred any revision challenging the order dated 18.03.2021 in I.A.No.469 of 2019 in O.S.No.49 of 2019, this Civil Revision Petition is disposed of, at the admission stage, directing the learned Principal Junior Civil Judge, Mancherial, to dispose of O.S.No.49 of 2019 in accordance with law, as expeditiously as possible. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE K. LAKSHMAN 26.11.2021.

Msr 3 KL, J C.R.P.No.1839 of 2021 THE HON'BLE JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.1839 of 2021 26.11.2021 (Msr)