Pasupuleti Jayaprada Died vs Desireddy Raghava Reddy,
2021 Latest Caselaw 5338 AP

       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

        CIVIL REVISION PETITION No.953 of 2021

ORDER:

The petitioners herein had filed O.S.No.373 of 2002

on the file of the Principal Junior Civil Judge, Gudur for evicting

the respondent herein from the suit schedule property. The suit

was allowed by way of a Judgment and Decree dated

06.09.2010. Aggrieved by the said Judgment, the respondent

has approached the Court of the Senior Civil Judge, Gudur by

way of A.S.No.10 of 2010. Along with this appeal, the

respondent had also filed I.A.No.53 of 2010 for stay of operation

of the Judgment and Decree of the trial Court in O.S.No.373 of

2002. This application was allowed on 02.11.2010. Thereafter,

the appeal was transferred to the Court of VII Additional District

Judge, Gudur and renumbered as A.S.No.19 of 2016.

2. The petitioners' complaint is that on account of the

stay of operation of the Judgment and Decree of the trial Court,

the respondent herein is delaying the disposal of the appeal by

filing various applications. The petitioners contend that setting

aside the order of stay granted by the appellate Court in

November, 2010 is required, as the respondent does not have

any cause in the appeal and is only delaying the appeal.

3. Heard Sri Varadha Rajulu, learned counsel

appearing on behalf of Sri Rajendra Bussa, learned counsel for

the petitioners and Sri C.Subodh, learned counsel for the

respondent.

4. The contention of the petitioners to set aside the

order dated 02.11.2010 in I.A.No.53 of 2010 in A.S.No.10 of

2010 is that the appeal is being delayed by the respondent.

Such a contention cannot be a ground for setting aside the

order passed 11 years back.

5. In the circumstances, this C.R.P. is dismissed.

However, the appellate Court shall take steps to expeditiously

dispose of the appeal, which has been pending from 11 years.

The appellate Court shall endeavor to dispose of the appeal

within a period of four months from the date of receipt of a copy

of this order. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

17.12.2021 SDP

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CIVIL REVISION PETITION No.953 of 2021

17-12-2021

SDP