HON'BLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No.3035 of 2023
ORDER:
Heard Smt. Vedula Chitralekha, learned counsel appearing for petitioners and Sri M.Damodar Reddy, learned counsel appearing for sole respondent. Perused the record.
2. Respondent had filed a suit vide O.S.No.180 of 2013 against the petitioners seeking declaration of title and recovery of possession. The same was decreed on 04.02.2022 by learned Senior Civil Judge, Nalgonda. Feeling aggrieved by the said judgment and decree, the petitioner Nos.2 to 4 herein have filed an appeal vide A.S.No.23 of 2022. In the said appeal, they have also filed an application vide I.A.No.102 of 2022 seeking stay of all further proceedings pursuant to judgment and decree dated 04.02.2022 in O.S.No.180 of 2013.
3. According to the learned counsel for the petitioner, there is no officer in the appellate Court. In charge officer is not taking up the said Interlocutory Application. On the other hand, learned Senior Civil Judge, Nalgonda is proceeding with E.P.No.23 of 2022 in O.S.No.180 of 2013 in which event, petitioner Nos.2 to 4 will be put to irreparable loss and injury and appeal will be infructuous. 2
4. Whereas, Sri M.Damodar Reddy, learned counsel appearing for respondent, on instructions, would submit that there is an officer in the said Court. Therefore, the submission made by the petitioner is not correct.
5. As rightly contended by the learned counsel for the petitioners, the Appellate Court has to dispose of the said application vide I.A.No.102 of 2022 in A.S.No.23 of 2022 in accordance with law, otherwise the very purpose of filing appeal will be defeated and it will become infructuous if the decree is executed.
6. In view of the aforesaid discussion, this Civil Revision Petition is disposed of. Learned Judge, Family Court-cum-III Additional District Judge, Nalgonda, is directed to dispose of the aforesaid application vide I.A.No.102 of 2022 in A.S.No.23 of 2022 filed by the petitioners seeking stay of all further proceedings pursuant to the judgment and decree dated 04.02.2022 in O.S.No.180 of 2013 passed by learned Senior Civil Judge, Nalgonda, strictly in accordance with law as expeditiously as possible. Till the said Interlocutory Application vide I.A.No.102 of 2022 in A.S.No.23 of 2022 is disposed of, learned Senior Civil Judge Nalgonda is directed not to proceed with E.P.No.23 of 2022 in O.S.No.180 of 2013.
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As a sequel, the miscellaneous petitions, if any, pending shall stand closed.
__________________ K. LAKSHMAN, J Date: 03.03.2023 vvr