Sarigala Daniel vs Sarigala Neelanbram
2022 Latest Caselaw 2145 AP

              HON'BLE SRI JUSTICE NINALA JAYASURYA

          CIVIL REVISION PETITION No.872 OF 2022
ORDER:

The present Revision Petition is filed aggrieved by non-

disposal of I.A.No.1298 of 2021 in O.S.No.285 of 2015 on the file

of the Court of the learned Principal Senior Civil Judge,

Mangalagiri.

2. Heard learned counsel for the petitioners. As the

grievance is non-disposal of the I.A., notice on the respondent

is deemed not necessary.

3. The petitioners herein are the defendants in the above

said suit filed by the respondent herein. By the judgment

dated 22.12.2017, the suit was decreed ex parte against the

petitioners herein. The petitioners/defendants filed

I.A.No.1298 of 2021 under Section 5 of the Limitation Act and

Section 151 of the Code of Civil Procedure (CPC), to condone

the delay of 1416 days in filing the petition to set aside the ex

parte decree.

4. The learned counsel for the petitioners submits that

though the said petition was filed on 09.11.2021, the learned

Trial Court instead of disposing of the said I.A., has been

adjourning the same at the behest of the respondent/plaintiff.

He submits that petitioner No.1 is a Senior Citizen aged about

80 years and as per the Judgment of the Hon'ble Supreme

Court in Rajindera Singh (Dead) through L.Rs vs. Prem Mai1,

the matters relating to the Senior Citizens are required to be

disposed of, as expeditiously as possible.

5. Considering the submissions made and perusing the

material available on record, this Court is inclined to dispose

of the present Revision Petition, providing that the Trial Court

shall taken up I.A.No.1298 of 2021 and dispose of the same

in accordance with law, within a period of six weeks from the

date of receipt of a copy of this order.

6. Accordingly, the Civil Revision Petition is disposed of.

No costs. Miscellaneous petitions, pending if any, shall stand

closed.

________________________ NINALA JAYASURYA, J April 29, 2022.

vasu

1 (2007) 11 SCC 37