D.Suresh Babu vs T.G.Bhaskar
2022 Latest Caselaw 8077 AP

         THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
            CIVIL REVISION PETITION NO.770 OF 2022

D.Suresh Babu, S/o.Late Dhasaratha Ramaiah Chetty,
Aged 49 years, R/at Main Bazar, Chowdepalle Village,
Post and Mandal, Chittoor District.
                                               ... Petitioner
                            Versus
T.G.Bhaskar, S/o.T.C.Govindarajulu, R/at          Door   No.6-325,
Gandla Street, Chittoor Town and two others.
                                                   ... Respondents


Counsel for the petitioner      : Mr.G.Ramesh Babu
Counsel for respondent No.1     : Mr.V.Surendra Reddy


                               ORDER:

The second defendant in the Suit O.S. No.103 of 2013 on

the file of the Court of Senior Civil Judge, Punganur, filed the

above revision petition under Article 227 of the Constitution of

India.

2. The grievance of the revision petitioner/second defendant

in the suit is that the Interlocutory Applications filed by him (1)

I.A. No.145 of 2013 filed under Section 94(e) and 151 of the

Code of Civil Procedure, 1908 (CPC) to direct the first plaintiff to

produce the original of Ex.A.1; and (2) I.A. No.147 of 2013 filed

under Section 340 of the Criminal Procedure Code, 1973 (Cr.PC)

read with Sections 94(e) and 151 of CPC to enquire the matter

as per Section 340 of Cr.PC, are not been disposed of.

3. Heard Mr.G.Ramesh Babu, learned counsel appearing for

the petitioner and Mr.V.Surendra Reddy, learned counsel

appearing for the first respondent/plaintiff in the suit.

4. Originally, the first respondent/plaintiff filed the Suit

O.S.No.273 of 2004 on the file of the Senior Civil Judge,

Chittoor. As per the record, the suit was transferred to Senior

Civil Judge, Punganur and renumbered as O.S. No.103 of 2013.

In fact, learned Senior Civil Judge, Punganur observed that de

novo trial is required as per the judgment of the Hon'ble

Supreme Court in EXL Careers vs. Frankfinn Aviation

Services Private Limited1.

5. As noted supra, the grievance of the petitioner is that I.As.,

referred to supra are not been disposed by the Court below.

Considering the same, since the suit, originally filed in the year

2004, was transferred and renumbered as O.S.103 of 2013, the

learned Senior Civil Judge, Punganur shall dispose of I.A.

Nos.145 and 147 of 2013 within a period of eight weeks from the

date of receipt of a copy of this order. The trial Court is also be

1 (2020) 12 SCC 667

expedited and the suit O.S.No.103 of 2013 shall be disposed of

as expeditiously as possible.

6. With the above directions, this Civil Revision Petition is

disposed of. No order as to costs. As a sequel, pending

miscellaneous petitions, if any pending, shall stand closed.

________________________________ JUSTICE SUBBA REDDY SATTI October 28, 2022.

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