THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
CIVIL REVISION PETITION No.1293 of 2021
ORDER:
This Civil Revision Petition, under Article 227 of Constitution of India, is filed by the petitioner/appellant challenging the docket order dated 20.12.2017, passed by the II Additional District and Sessions Judge (FTC), Adilabad at Mancherial, in I.A.No.10 of 2018 in A.S. No.15 of 2018.
According to the petitioner, he filed the appeal challenging the judgment and decree dated 01.11.2017 passed by the Principal Junior Civil Judge, Mancherial, in O.S.No.376 of 2006. Pending the appeal, he filed the present Interlocutory Application to suspend the judgment and decree dated 01.11.2017 passed by the trial Court. However, the learned II Additional District and Sessions Judge, vide the impugned docket order dated 2012.2017, has issued notice to the respondents instead of suspending the order passed by the trial Court. Aggrieved by the same, the present revision is filed.
The learned counsel for the revision petitioner has contended that the learned lower appellate Court has failed to exercise the discretionary power vested on it to dispense with the notice and suspend the judgment and decree passed by the trial Court.
Heard the learned counsel for the petitioner and the learned counsel for the respondent No.1, and perused the record.
As can be seen from the impugned docket order, it was passed on 20.12.2017 and nearly three years eight months elapsed 2 thereafter. Hence, this Court deems it appropriate to direct the lower appellate Court to dispose of the I.A. at the earliest.
In view of the above, without going into the merits or demerits of the case, the Civil Revision Petition is disposed of directing the II Additional District and Sessions Judge (F.T.C), Adilabad at Mancherial, to dispose of I.A.No.10 of 2018 in A.S.No.15 of 2018, as expeditiously as possible, preferably, within a period of two weeks from the date of receipt of a copy of this order, strictly in accordance with law, duly affording an opportunity of hearing to the parties. It is needless to mention that the respondents shall file their counters in the said I.A. before the date of hearing positively, if not already filed.
Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date : 09.09.2021.
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