THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE A.SANTHOSH REDDY
CIVIL MISCELLANEOUS APPEAL No.1139 OF 2018
JUDGMENT: (Per Hon'ble Dr.SA,J)
This Civil Miscellaneous Appeal, under Order XLIII Rule
1 of CPC is filed by the appellants/plaintiffs, aggrieved by the
order and decree, dated 23.07.2018 passed in I.A.No.1409 of
2017 in O.S.No.178 of 2017 by the I Additional Chief Judge,
City Civil Court, Secunderabad, whereby the subject
application filed by the appellants/plaintiffs under Order
XXXIX Rule 1 and 2 r/w Section 151 of C.P.C., was dismissed.
2. Heard the learned counsel for the appellants/plaintiffs
and perused the record.
3. Learned counsel for the appellants/plaintiffs raised
several contentions before this Court with regard to title over
the subject property and forcibly taking possession of the
subject property by demolishing the compound wall and
ultimately prayed to allow the appeal. Alternatively, a request
has also come up from the learned counsel for the
appellants/plaintiffs that a direction to the Court below to
dispose of the subject suit expeditiously would suffice.
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4. The Court below while dealing with the subject matter
of the I.A. is of the opinion that there is no balance of
convenience in favour of the appellants/plaintiffs. The Court
below has placed reliance over several documents marked on
behalf of the respondents/defendants, who are said to be
protected tenants in respect of the land in question and there are sale deeds executed by respondent Nos.1 and 2 also in favour of respondent No.3. The contention raised in this appeal is that parties are having excess land to their credit. It can be adverted to when the subject suit is finally taken up and disposed of. So, at this juncture, this Court is of the opinion that there is no prima facie case to grant the relief as sought for. However, as the suit is of the year 2017, utmost priority has to be given to the cases, which are pending for more than five years and required to be disposed of expeditiously.
5. Therefore, the learned I Additional Chief Judge, City Civil Court, Secunderabad, is directed to dispose of the subject suit in O.S.No.178 of 2017 in accordance with law, expeditiously, preferably, within a period of six(6) months from the date of receipt of a copy of this order. It is made clear that the Court below shall not get influenced by any of 3 the observations made in this appeal as well as in the impugned order.
6. With the above direction, the Civil Miscellaneous Appeals is disposed of.
Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ A.SANTHOSH REDDY, J Date: 26.12.2022 ssp