Nagalingeswara Swamy Temple vs G.Mahendra,
2022 Latest Caselaw 1815 AP

          THE HON'BLE SRI JUSTICE NINALA JAYASURYA

             CIVIL REVISION PETITION No.453 of 2022

ORDER:

Heard Sri N.Ashwani Kumar, learned counsel for the petitioner.

2. The present Civil Revision Petition is filed aggrieved by non-disposal

of E.P.No.1 of 2020 in O.S.No.255 of 2013 on the file of the Court of the

Principal Senior Civil Judge, Nandyal, Kurnool District. Hence, notice to the

respondents is deemed not necessary.

3. The petitioner herein is the decree holder in O.S.No.255 of 2013.

The said suit was filed for declaration of title and consequential relief of

recovery of possession of plaint schedule property after evicting the

respondents/defendants from the suit schedule property. The said suit

was decreed by the Judgment dated 23.09.2019. Seeking execution of the

said decree, the petitioner herein filed E.P.No.1 of 2020.

4. The learned counsel for the petitioner submits that the suit filed by

the petitioner was decreed after a full-fledged trial by Judgment dated

23.09.2019 and the respondents/defendants were directed to vacate the

suit schedule property, within three (03) months. He submits that the

Decree and Judgment of the learned Trial Court was not challenged by the

respondents/defendants and the same has become final. He further

submits that seeking execution of the Decree, Execution Proceedings have

been initiated in E.P.No.1 of 2020 and though more than two (02) years

have been elapsed, the same has not been disposed of so far. He submits

that the matter is being adjourned from time to time at the behest of

respondents/defendants and due to the delay caused in disposal of the

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Execution Petition, the petitioner herein is subjected to irreparable loss

and prejudice. Making the said submissions, he seeks appropriate

directions.

5. This Court has considered the submissions made by the learned

counsel for the petitioner and perused the material on record. The docket

proceedings filed along with the Revision Petition would go to show, as

stated by the learned counsel for the petitioner, that the Execution

Petition was filed as long back as in the year 2020. It appears that the

matter adjourned several times for the purpose of counter affidavits on

behalf of the respondents/judgment debtors and also on account of the

outspread of Covid-19. The latest docket proceedings would, however,

indicate that the judgment debtors 1 and 2 have filed counter affidavits on

30.12.2021 and from then onwards the matter is being adjourned from

time to time for filing counter affidavit of judgment debtor/

respondent No.5.

6. As per the submissions made by the learned counsel for the

petitioner, the matter now stands posted to 29.04.2022. From the docket

proceedings, as noted above, it is evident that the matter is being

adjourned from time to time at the behest of respondents/judgment

debtors. Though there is justification in the petitioner's grievance

regarding delay in disposal of Execution Petition, this Court is not oblivious

to the fact that the outspread of Covid-19 had disrupted the functions of

the Courts, especially the Trial Courts, to a great extent. Be that as it may.

Now, the Courts are functioning regularly, hence, this Court see no

impediment to for disposal of the Execution Petition by the Trial Court.

Since it is stated that no appeal is preferred against the above referred

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Decree and Judgment dated 23.09.2019, this Court deems it appropriate

to direct the learned Executing Court to dispose of the Execution Petition

i.e., E.P.No.1 of 2020 in O.S.No.244 of 2013 referred to above, in

accordance with law, within a period of eight (08) weeks, from the date of

receipt of copy of this Order.

7. The Civil Revision Petition is disposed of, accordingly. No order

as to costs.

As a sequel, miscellaneous applications, if any, pending shall

stand closed.

__________________ NINALA JAYASURYA, J Date: 18.04.2022 IS

NJS, J Crp_453_ 2022

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

Civil Revision Petition No.453 of 2022 Date: 18.04.2022

IS