THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No.3086 of 2023
ORDER:
This Civil Revision Petition is filed seeking expeditious disposal of E.P.No.16 of 2023 in O.S.No.27 of 2016 dated 22.09.2022 on the file of Senior Civil Judge, Miryalaguda.
2. Petitioner herein filed a Suit in O.S.No.27 of 2016 seeking eviction of the respondent/defendant from the suit schedule property and the same was decreed by the trial Court on 22.09.2022, against the said Judgment, respondent/defendant preferred an appeal in A.S.No.17 of 2023. During the pendency of the said appeal respondent/defendant filed I.A.No.1005 of 2022 seeking for stay of operation of Judgment and decree dated 22.09.2022 and the first appellate Court by order dated 14.11.2022 granted interim stay with a direction to deposit Rs.7,500/- (Rupees Seven thousand five hundred only) per month for the period from the date of filing of the suit till the date of decree i.e, 22.09.2022, to the credit of the suit before the trial Court on or before 12.12.2022, but it was not complied with, as such the stay granted was vacated on 12.12.2022 and then petitioner herein filed E.P.No.16 of 2023 on 31.01.2023 for execution of the decree. The Executing Court on 03.04.2023 2 ordered notice to the respondent and posted the matter to 08.06.2023. On 08.06.2023 the trial Court issued further notice and posted the matter to 23.06.2023. On 23.06.2023, the respondent appeared through his counsel and sought time for filing counter and the Execution Petition was posted to 07.08.2023 for filing counter. Again on 07.08.2023, respondent sought time for filing counter and trial court adjourned the Execution Petition to 18.09.2023 finally, for filing counter. So far, it is not disposed of. Order XLI Rule 5 reads as follows:-
Stay of Appellate Court - (1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree.
3. As the petitioner herein is aged about 76 years and she did not receive the arrears of rent from April, 2013 onwards and also suffering from age old ailments, this Court finds it reasonable to allow the present Civil Revision Petition.
4. In the result, the Civil Revision Petition is allowed directing the trial Court to dispose of the E.P.No.16 of 2023 in O.S.No.27 of 2016 pending on the file of Senior Civil Judge, 3 Miryalaguda, within one month from the date of this order. There shall be no Order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ JUSTICE P.SREE SUDHA Dt.13.10.2023.
Note:-
Issue CC today.
B/o.
krl 4 51 THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL REVISION PETITION No. 3086 of 2023 DATE : 13.10.2023 krl