Shaik Nurjahan vs Pattan Jamilabi
2022 Latest Caselaw 9304 AP

      HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

        CIVIL REVISION PETITION No.2444 of 2022

Between:

1. Shaik Nurjahan, W/o Shaik Saida,
aged 60 years, R/o D.No.23-8/1,
Nehru Nagar, Nandigama town and Mandal,
Krishna District and 3 others.
                                      ... Petitioners/Appellants

And

1. Pattan Jamilabi (Died)
2. Shaik Bikari, S/o Abdulla,
aged 71 years, R/o D.No.1-1/25,
Near Masjid, By-pass Road, Buranpet,
Narasaraopet, Guntur District and 12 others

                                 ... Respondents/Respondents


Counsel for the petitioner        : Smt. V.Baby Rani

Counsel for respondents           : --


                             ORDER:

Appellants in A.S.No.63 of 2013 filed the above revision

under Article 227 of the Constitution of India seeking

expeditious disposal of I.A.No.284 of 2022 in O.S.No.63 of 2013

on the file of the XIII Additional district Judge, Narasaraopet.

2. Appellants filed the appeal A.S.No.63 of 2013 against the

judgment and decree dated 31.07.2012 in O.S.No.342 of 2009

on the file of the Additional Senior Civil Judge, Narasaraopet.

The said appeal was dismissed on 16.09.2019 as abated since

legal representatives of the deceased 1st respondent in the

appeal were not brought on record.

3. I.A.No.284 of 2022 is filed by the appellants under

Section 5 of Limitation Act to condone the delay of 812 days in

filing the application to restore the appeal dismissed for default

on 16.09.2019. As per the docket proceedings dated

11.07.2022, notice was ordered to the respondents 2 to 8 and

the Court below also directed to serve notice on the

respondents 2 to 8 personally.

4. At that juncture the above revision is filed praying to

dispose of I.A.No.284 of 2022 as expeditiously as possible.

5. Heard learned counsel for the revision petitioners.

6. As can be seen from the record, the Court below ordered

notice to the respondents and directed the petitioners in

I.A.No.284 of 2022 to serve personal notice on the respondents

2 to 8. However, nothing is forthcoming from the record as to

whether notices were served on the respondents 2 to 8 or not.

Even counsel for the petitioner did not assist the court in that

regard.

7. In view of the facts and circumstances of the case, if the

notices were served on the respondents 2 to 8 and if the

counters of respondents are filed, the Court below shall dispose

of I.A.No.284 of 2022 as expeditiously as possible in accordance

with law.

8. With the above direction, this Civil Revision Petition is

disposed of. No order as to costs.

As a sequel, all the pending miscellaneous applications

shall stand closed.

_________________________ SUBBA REDDY SATTI, J

Date : 05.12.2022 KA

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

CIVIL REVISION PETITION No.2444 of 2022

Date : 05.12.2022 KA