THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA C.M.A.No.298 OF 2019 JUDGMENT: (Per Hon'ble Dr.SA,J) This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of CPC is filed by the appellant/plaintiff, aggrieved by the order and decree, dated 16.08.2018 passed in I.A.No.120 of 2016 in O.S.No.103 of 2016 by the III Additional District Judge, Ranga Reddy District at L.B. Nagar, whereby the subject application filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 r/w Section 151 of C.P.C., was dismissed.
2. Heard the learned counsel for both sides and perused the record.
3. It is brought to the notice of this Court that the subject suit is posted for cross-examination of P.W.1.
4. As seen from the material placed on record, there is no interim relief in favour of the appellant/plaintiff. The subject suit is of the year 2016. It is pending for more than five years. As per the circular orders of the Hon'ble High Court, the cases which are pending for more than five years are 2 required to be disposed of expeditiously. At this juncture, it is not appropriate to go into the merits of the appeal. Those can be adverted to in the subject suit when the same is finally disposed of on conclusion of trial.
5. Under these circumstances, as the subject suit is pending for more than five years, the Court below is directed to dispose of the subject suit, i.e., O.S.No.103 of 2016 expeditiously, preferably, within a period of four(4) months from the date of receipt of a copy of this order.
6. With the above observations/direction, the Civil Miscellaneous Appeal is disposed of.
Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 08.12.2022 ssp