Citation : 2021 Latest Caselaw 1294 AP
Judgement Date : 2 March, 2021
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.4381 of 2021
ORDER:-
The respondents 3 and 4 had filed O.A.No.213 of 2013
before the Endowment Tribunal for evicting the petitioners from
650 sq.yards in R.S.No.45 of Tadepalligudem Town and Mandal,
West Godavari District in which the petitioners have a two
floored RCC building. The Tribunal had allowed the said O.A by
a decree and Judgment dated 24.04.2019. The petitioners
complain that they were under the impression that the said O.A
was still before the Assistant Commissioner of Endowments and
did not realize that it was before the Tribunal. In any event, the
petitioners contend that they have filed an application to set-
aside the exparte order dated 24.04.2019, an application to
condone the delay in filing to set aside the application and also
an application to stay the operation of the Judgment dated
24.04.2019 till the disposal of the applications.
2. The petitioners complain that even though the
applications were filed in the beginning of February, the said
applications were not being considered and in the meanwhile,
respondent Nos.3 and 4 are trying to dispossess the petitioners
on the basis of the decree and Judgment dated 24.04.2019.
3. In the circumstances, this Writ Petition is disposed
of with a direction to the Endowment Tribunal to the A.P
Endowment Tribunal at Amaravathi to dispose of the said
applications of the petitioners bearing C.F.R.No.251/2021,
252/2021 and 253/2021 within a period of three weeks from
the date of receipt of a copy of this order.
4. Needless to say, the respondents shall not seek to
implement or enforce the decree and Judgment dated
24.04.2019 till the disposal of these applications by the
Tribunal. There shall be no order as to costs.
Miscellaneous Petitions, if any pending, in this Writ
petition, shall stand closed.
________________________________ JUSTICE R.RAGHUNANDAN RAO
Date : 02-03-2021 RJS
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.4381 of 2021
Date : 02-03-2021
RJS
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