THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
C.R.P.No.3207 OF 2018
ORDER:
This civil revision petition, under Article 227 of the Constitution of India, is directed against the order dated 08.03.2018 in I.A.No.1363 of 2016 in O.S.No.582 of 2013, on the file of X Additional Chief Judge, City Civil Court, Hyderabad, whereby the application filed by respondent herein, under Order IX Rule 13 read with Section 151 CPC seeking to set aside the ex parte judgment and decree dated 30.10.2013 passed in O.S.No.582 of 2013, was allowed.
2. Heard learned counsel for the petitioner and learned counsel for the respondent. Perused the material on record.
3. Petitioner - plaintiff filed the suit in O.S.No.582 of 2013 for specific performance of contract as per sale receipts during the year 2012 and 2013 and alternatively for refund of the earnest amount received by the respondent-defendant. While so, the petitioner failed to appear before the trial Court and an ex parte decree was passed on 30.10.2013. Later, the petitioner herein filed an application in I.A.No.1363 of 2016 under Order IX Rule 13 CPC to set aside the 2 ex parte judgment and decree dated 30.10.2013. The respondent resisted the same by filing counter. On a consideration of the material on record, the trial Court allowed I.A.No.1363 of 2016 by setting aside the ex parte decree and judgment passed in O.S.No.582 of 2013 dated 08.03.2018. Aggrieved by the same, the petitioner-plaintiff preferred the present revision petition.
4. Learned counsel for the petitioner submits that subsequent to filing of this civil revision petition, since there was no interim stay of all further proceedings before the trial Court, the suit was taken up for trial and the same is in mid way. As such, the learned counsel submits that the trial Court may be directed to dispose of the main suit as expeditiously as possible within a period of three months.
5. Considering the submissions of the learned counsel for the petitioner and also considering the facts and circumstances of the case, and in order to meet the ends of justice, I am of the opinion that the trial Court is directed to dispose of the suit in O.S.No.582 of 2013 as expeditious as possible, preferably within a period of three months from the date of receipt of a copy of this order.
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6. Accordingly, the civil revision petition is disposed of, with the above direction.
7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs.
________________________ A.SANTHOSH REDDY, J Date: 05.12.2022 Yvk