Velagaboina Chandra Sekhar vs Chilakala Gurrappa
2021 Latest Caselaw 458 AP

        THE HON'BLE SRI JUSTICE K. SURESH REDDY

          CIVIL REVISION PETITION No.1295 of 2020

ORDER :

This Civil Revision Petition is filed by the petitioners seeking

a direction for expeditious disposal of A.S.No.7 of 2020 on the file

of the Court of III Additional District Judge, Kurnool at Nandyal.

2. Heard learned counsel for the petitioners and learned

counsel for the 1st respondent.

3. Brief facts of the case are that 1st respondent herein is the

plaintiff, who filed a suit in O.S.No.261 of 2013 on the file of the

Court of Principal Senior Civil Judge, Nandyal seeking mandatory

injunction against the petitioners herein and another. After

contest, the said suit was dismissed by its judgment and decree,

dated 31.12.2019. Aggrieved by the same, the 1st respondent filed

an appeal in A.S.No.7 of 2020 on the file of III Additional District

Judge, Kurnool at Nandyal, to set aside the Judgment the decree

in the above said suit. Along with appeal, he also filed I.A.No.150

of 2020 seeking injunction and when the said petition came up for

arguments on 4.3.2020, both the counsels represented that they

are ready to argue the main appeal, which is directed to be listed

on 10.3.2020. The learned Judge also passed injunction order

restraining the revision petitioner from proceeding with any

constructions till disposal of the appeal.

3. Learned counsel for the petitioners submits that though the

order has been passed on 4.3.2020, the appeal is yet to be

disposed off and there is no further progress in the case and

sought for expeditious disposal.

4. 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.

5. In that view of the matter, the learned III Additional District

Judge, Kurnool at Nandyal, is directed to dispose of the appeal in

A.S.No.7 of 2020 as expeditiously as possible preferably within a

period of six (06) months 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.7 of

2020.

6. 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 29th January,2021.

RPD.

HON'BLE SRI JUSTICE K. SURESH REDDY

CIVIL REVISION PETITION No.1295 of 2020

Dated : 29.01.2021

RPD