Citation : 2021 Latest Caselaw 544 AP
Judgement Date : 2 February, 2021
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.1192 of 2020
ORDER :
This Civil Revision Petition is filed by the petitioners against
the Order and decree, dated 26.2.2020 passed in I.A.No.47 of 2018
in A.S.No.16 of 2018 on the file of the Court of Senior Civil Judge,
Puttur, Chittoor District.
2. Brief facts of the case are that the respondents herein filed a
suit in O.S.No.219 of 2010 on the file of the Court of Principal
Junior Civil Judge, Puttur, seeking demarcation of boundaries,
separating 'B' Schedule property from 'A' Schedule property with
the help of the official respondents herein and for permanent
injunction restraining the petitioners herein from encroaching into
'C' Schedule property. Both the parties have contested the said suit
and after elaborate trial, the learned trial Judge decreed the suit in
favour of the respondents herein on 9.2.2018. Aggrieved by the
same, the petitioners herein filed an appeal in A.S.No.16 of 2018
on the file of the Court of Senior Civil Judge, Puttur, Chittoor
District. Along with appeal, they also filed I.A.No.47 of 2018
seeking stay of operation of Judgment and decree passed by the
learned Magistrate in O.S.No.219 of 2010. Initially, the appellate
Court granted interim stay of decree of trial Court, vide docket
order dated 23.4.2018 and as the petitioners are not coming
forward to advance their arguments in the above appeal, the
learned Judge, dismissed the petition in I.A.No.47 of 2018 by its
docket order, dated 26.2.2020
3. Aggrieved by the same, the petitioners herein filed the
present civil revision petition.
4. Heard learned counsel for the petitioners and learned
counsel for the respondents.
5. Learned counsel for the petitioners submits that they are
ready for advancing their arguments and sought for expeditious
disposal.
6. Considering the facts and circumstances of the case and also
the submissions of the learned counsel for the petitioners, instead
of going into the merits and demerits of the case, this Court feels
that the main appeal itself can be disposed of.
7. In that view of the matter, the learned Senior Civil Judge,
Puttur, Chittoor District, is directed to dispose of the appeal in
A.S.No.16 of 2018 as expeditiously as possible preferably within a
period of eight (08) weeks from the date of receipt of a copy of the
order. It is also made clear that both the parties have to
co-operate for expeditious disposal of the appeal in A.S.No.16 of
2018. Till the disposal of the appeal, interim order granted earlier
dated 23.4.2018 shall remain in force.
8. With the above direction, the Civil Revision Petition is
disposed of. There is no order as to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall
stand closed.
_______________________ K. SURESH REDDY, J 2nd Februray,2021.
Note : Issue C.C. in a week B/o RPD.
HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.1192 of 2020
Dated : 02.02.2021
Note : Issue C.C. in a week B/o RPD.
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