HON'BLE SMT JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION Nos.39 & 88 OF 2023
COMMON ORDER:
Heard the arguments of the learned counsel for the
petitioner as well as the learned counsel for the
respondents.
2. This Civil Revision Petition No.39 of 2023 is filed against the docket order of the trial Court in E.A.No.67 of 2022 in E.P.No.08 of 2020 in O.S.No.4 of 2014.
3. The application is filed before the Court to condone the delay of 546 days in filing the petition by Judgment Debtor/ respondent No.5 in the main E.P. The trial Court observed that in spite of issuance of notice to the J.Dr/ respondent No.5 has not enunciated any interest in spite of granting several opportunities and thus he was made ex-parte on 14.06.2022. But later he has come up with this petition. However, considering the period of the delay it was allowed by the trial Court.
4. And Civil Revision Petition No.88 of 2023 is filed against the docket order dated 12.12.2022 passed by trial 2 PSS,J C.R.P.No.39 & 88 of 2023 Court in E.A.No.68 of 2022 in EW.P.No.08 of 2020 in O.S.No.04 of 2014. The petitioner filed an application to set aside the ex-parte order passed by the trial Court on 14.06.2022 and it was allowed by the trial Court.
5. Learned counsel for the respondent herein/J.Dr has stated that he has represented that he will file counter on Monday and the matter may be remanded with a specific direction to dispose of the E.P. itself within two (2) weeks.
6. Learned counsel for the petitioner stated that O.S.No.4 of 2014 was decreed with a direction to the respondents/defendant Nos.1 to 4 (Officials of the irrigation department) to restore the water supply to the plaintiff suit plants through temporary canals by removing the obstructions which was laid by D5/J.Dr filed against which appeal is filed vide A.S.No.22 of 2018 and the appellate Court was confirmed the order passed by the trial Court in O.S.No.4 of 2014 dated 02.05.2018.
7. The Second Appeal is preferred by J.Dr No.5 for that no stay is granted as such he filed E.P. Considering the arguments of both sides, this Court finds that it is just 3 PSS,J C.R.P.No.39 & 88 of 2023 and reasonable to dispose of the Civil Revision Petitions with a specific direction to the trial Court to receive the counter and to dispose of the E.P. itself within a period of two (2) weeks from the date of receipt of a copy of this Order. Both the parties are directed to co-operate with the Court for the disposal of the main E.P. that E.P.No.8 of 2020. There shall be no order as to costs.
8. Miscellaneous petitions pending, if any, shall stand closed.
_______________________________ SMT JUSTICE P.SREE SUDHA Date: 10.02.2023 sai 4 PSS,J C.R.P.No.39 & 88 of 2023 96 HON'BLE SMT JUSTICE P.SREE SUDHA CIVIL REVISION PETITION Nos.39 & 88 OF 2023 10.02.2023 sai