Andhra Pradesh High Court - Amravati
Vuyyuru(Kokkilagadcla) Anusha Rao vs Vuyyuru Ravi Teja on 12 September, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THURSDAY ,THE TWELFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE G NARENDAR
AND
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
I.A. NO: 1 OF 2n?4
IN
FAMILY COURT APPEAL ^FCA) NO: 70 OF 2023
Between:
Vuyyuru(Kokkilagadcla) Anusha Rao, W/o Ravi Teja, D/o Kokkiligadda
Jagajjevana Rao, Aged about 27 years, R/o D.No.8-2-694, Income Tax
Colony Road, Banjara Hills, Hyderabad.
...Appellant/Petitioner No.2
AND
Vuyyuru Ravi Teja, S/o Rajendra Prasad, Aged about 29 years, R/o Flat
No.316, B-Block, Aishwaraya Grand Apartments, Ibrahimpatnam Village
and Mandal, NTR District 521456.
...Respondent
Petition under Section 148 R/w 151 CPC praying that in the
circumstances stated in the letter filed by the Judge, Principal Family
Court-IV Additional District Court, Vijayawada praying that the High Court
may be pleased to extend the time granted on 14.12.2023 in F.C.A. No.70
of 2023 for a further period of three (3) months for disposing of in F.C.O.P.
No.420 of 2022 on the file of Judge, Principal Family Court - IV Additional
District Court, Vijayawada.
This Petition coming on for hearing, upon perusing the letter filed by
the Judge, Principal Family Court-IV Additional District Court, Vijayawada
m F.C.A No.70 of 2023 and the order of the High Court of Andhra Pradesh
dated 14-12-2023.
The Court made the following:
This file IS placed before us. A request has emanated from the office of
the Principal District and Sessions Judge, Krishna District, Machilipatnam,
seeking extension of time to hear and dispose of F.C.O.P.No.420 of 2022 on
the file of the IV Additional District Judge-cum- Principal Family Court,
Vijayawada.
The fact in brief is that the appeal came to be preferred against the said
judgment. This Court after hearing, vide judgment, dated 14.12.2023 was
pleased to set-aside the Judgment And Decree of the Family Court and further
was pleased to remit the matter back for hearing and rendering a compliance
on a particular point i.e., as to whether the consent aigiven was tainted by
coercion or inducement etc., and a time limit of three (03) months' was fixed to
dispose of the petition. The inference that can be drawn is that the Court
below was expected to hear and dispose of the case on or before 14.03.2024.
Today we are in receipt of the letter, dated 23.07.2024 enclosing a
copy of the letter, dated 20.07.2024 I.e.,
i request for extension is made after
the day fixed by this Court has passed by, and that too, after a delay of nearly
four (04) months by the date of which the Court beiow was expected to
dispose of the matter. There
was four (04) months delay by the Trial Court
which itself is a worrisome aspect and reflection of the Courts attitude. We find
that there has been a further delay of more than a month and half by the
Registry to place the letter before this Court. This delay by the Registry IS
even more distressing to note. We
are constrained to think that the parties
involved are not reflecting upon the efficacy, primacy, standing of directions,
orders, and Judgments etc., issued by this Court. Be it a Judicial Officer or a
staff member of either this Court or the District Judiciary, it shall be their
primary duty to ensure obedience and compliance with the directions, orders
and judgments etc., that may emanate from this Court, not mere obedience
but timely obedience and timely compliance are non-negotiable. The
indolence that we see in the present case is not a happy or welcome
development and needs to be addressed with the severity, which it demands.
Hence, we direct the Registrar (Judicial) to issue a show cause notice to
all the concerned staff, who were indolent and caused delay in putting up the
letter of the District Court for consideration of this Court.
Secondly, we direct the Registrar General to issue notice and secure
explanation from the concerned Judicial Officer/Officers to explain the delay in
seeking extension of time.
It is made clear that wherever this court deems it fit to fix a date, it shall
be the bounden duty of every Authority or Court to ensure compliance within
the stipulated date. In the event the Courts or Authorities are of the opinion
that it is not possible to ensure compliance within the stipulated date, efforts
shall be positively made to approach this Court for extension of time before
the day fixed by this Court. Prima facie, it appears as a case of disobedience
of the directions issued by this Court.
Hence, we direct the Registrar (Judicial) and the Registrar General to
issue notices and secure explanation and place it before this Court within a
period of two (02) weeks. The time stipulated by this Court is extended by a
further period of two (02) months from the date of receipt of copy of this order.
Registry shall ensure that this order is forthwith communicated to the
concerned Court. We further direct the Registrar General to issue appropriate
circular intimating all the State Subordinate Judiciary and various Tribunals
and Authorities regarding compliance with the orders, directions, issued by
this Court and more importantly, timely compliance and in the event of their
inability to meet the dead line fixed by this Court, efforts shall be made to seek
extension of time before the passing of the dead line fixed by this Court.
For reporting compliance, list the appeal on 23.09.2024.
SD/- P VENKATA RAMANA
JOINT REGISTRAR
//TRUE COPY//
SE N OFFICER
To,
1. The Registrar General, High Court of Andhra Pradesh at Amaravathi
(by Special Messenger)
2. The Registrar(Judicial), High Court of Andhra Pradesh at Amaravathi
(by Special Messenger)
3. The Principal District and Sessions Judge, Krishna District at
Machilipatnam (by Speed Post)
4. The Judge, Principal Family Court-IV Additional District Court
Vijayawada, Krishna District (by Special Messenger)
5. One CC to Sri. P Durga Prasad, Advocate [OPUC]
6. One CC to Sri. Challa Ajay Kumar, Advocate [OPUC
7. The Section Officer, Posting Section, High Court of Andhra Pradesh at
Amaravathi.
8. Three CD Copies
Stu
sree
r
HIGH COURT
NOTE : After the dispatch of
this Order, file may be sent to
DATED:12/09/2024 CMA Section for further listing
on 23.09.2024
ORDER
I.A No.1 of 2024 in FCA.No.70 of 2023
EXTENSION OF TIME
