Andhra Pradesh High Court - Amravati
Heard Learned Counsel For The vs Unknown on 11 July, 2023
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
C.R.P No.1574 of 2023
ORDER:
Heard learned counsel for the petitioner Sri K. Jyothi Prasad and
having regard to the prayer of the petitioner, this Court is of the view
that the C.R.P can be disposed of at the admission stage without
affording notice to respondents.
2. In I.A.No.96 of 2022 in A.S.No.1 of 2022 learned XIII
Additional District Judge at Gajuwaka passed order dated 29.09.2022
and relevant portion thereof is thus:
"From the above, it can be seen that EP was filed in the year
2018, i.e., about four years back. As already stated above, the
decree is for an amount of five LIC policies. If stay till disposal of
the appeal is granted in the present petition, EP will have to be kept
pending till such time appeal is disposed of, in which case it will be
injustice to the plaintiff. If stay is not granted and in the event of
success in the appeal, appellants will be put to injustice. Thus, there
are conflicting interests. To strike a balance between the two, this
Court is of the view that appeal itself should be disposed off as early
as possible, since record from the lower Court is also received.
Having regard to all the above facts, stay of execution of
decree is granted till 31.01.2023, with a direction to the parties to
argue the main appeal itself. Petition is accordingly disposed of.
No costs."
3. Now the submission of learned counsel for the petitioner is that
subsequently the respondents/appellants instead of getting ready in the
main appeal for arguments, dillydallying the matter and on their request
stay has been extended and in that view, the appeal could not be heard
and petitioner also could not proceed with the execution petition. So
submitting learned counsel prays for direction to the lower appellate
Court to take up the appeal at the earliest and hear the matter.
4. As can be seen, in the order mentioned above the lower appellate
Court was of the considered view that it would be apt in the interest of
justice to hear the appeal itself as early as possible, since the record
from the lower Court was also received. Making such an observation,
the appellate Court initially granted stay of execution of decree till
31.01.2023 with a direction to the parties to argue the main appeal itself.
5. Now the grievance of the petitioner is that though six months
have elapsed thereafter, the respondents/appellants are not getting ready
and on their request the interim stay has been extended from time to
time which causes much hardship to the petitioner.
6. In the considered view of this Court, this is a fit matter where this
Court can exercise its jurisdiction under Article 227 of the Constitution
of India to give a direction to the lower appellate Court to exercise its
jurisdiction in a right direction and take up the appeal as it contemplated
vide its order dated 29.09.2022 and after hearing both parties pass
appropriate order in the appeal.
7. Accordingly, the Civil Revision Petition is disposed of with a
direction to learned XIII Additional District Judge at Gajuwaka to fix a
date for hearing of appeal A.S.No.1 of 2022 at the earliest but not later
than three weeks from the date of receipt of copy of this order and after
affording an opportunity of hearing to both parties pass appropriate
judgment in the said appeal in accordance with governing law and rules.
The entire exercise shall be completed within two months from the date
of receipt of a copy of this order. No costs.
As a sequel, interlocutory applications pending, if any, shall stand
closed.
_________________________
U. DURGA PRASAD RAO, J
11.07.2023
krk
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
C.R.P No.1574 of 2023
11th July, 2023
krk
