Respondent/ vs Unknown
2023 Latest Caselaw 3284 AP

      THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR

          CIVIL REVISION PETITION No.1428 of 2021

ORDER:

Learned counsel on both sides are in attendance. Heard

both sides and perused the record.

2. A suit for specific performance in O.S.No.213 of 2016 was

decreed ex-parte. The judgment was delivered by learned VIII

Additional District Judge, Vijayawada. While so, the decree was

put to execution and E.P.No.41 of 2021 is pending before

learned II Additional District Judge, Vijayawada. While so, the

judgment debtor filed I.A.No.642 of 2020 under Section 5 of

Limitation Act, 1963 seeking to condone the delay to present the

application to set aside the ex-parte decree. That application is

pending before learned VIII Additional District Judge,

Vijayawada. Though the application was filed in the year 2020

and though the execution was initiated in the year 2021, the

learned VIII Additional District Judge has not been bestowing

the attention to dispose I.A.No.642 of 2020. It is in these

circumstances, this revision petition is filed seeking for early

disposal of the said application.

3. Learned counsel for respondent makes an attempt to

submit the stage of the execution proceedings. However, this

Court is not going to consider the aspects concerning execution.

Considering the purport of the present revision petition where

the revision petition only prays the Court to see that the

pending application is disposed of as quickly as possible by the

learned VIII Additional District Judge. For this, learned counsel

for respondent has not raised any objection.

4. In view of these facts, this Civil Revision Petition is

allowed.

Learned VIII Additional District Judge, Vijayawada shall

hear and dispose I.A.No.642 of 2020 on or before 31.08.2023.

Respondent/plaintiff/decree holder having been represented by

a learned counsel here is directed to appear before the learned

VIII Additional District Judge to participate in the inquiry.

As a sequel, miscellaneous applications pending, if any,

shall stand closed.

_____________________________ Dr. V.R.K.KRUPA SAGAR, J Date: 03.07.2023 DVS

THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR

CIVIL REVISION PETITION No.1428 of 2021

Date: 03.07.2023

DVS