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K Vidhyalatha vs R Rekha
2021 Latest Caselaw 544 AP

Citation : 2021 Latest Caselaw 544 AP
Judgement Date : 2 February, 2021

Andhra Pradesh High Court - Amravati
K Vidhyalatha vs R Rekha on 2 February, 2021
Bench: K Suresh Reddy
        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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