Andhra Pradesh High Court - Amravati
Kadiyala Jamuna Rani vs Srimanthu Raju Yarlagadda Padmanabha ... on 17 September, 2024
1
BSB,J
C.R.P.No.3294 of 2023
APHC010630502023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
TUESDAY ,THE SEVENTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
CIVIL REVISION PETITION NO: 3294/2023
Between:
1. Kadiyala Jamuna Rani, W/o. Babu Rao, Hindu, aged about 73 years,
Resident of Avanigadda Village and Mandal
Mandal, Krishna District.
...Petitioner
...
And
1. Srimanthu Raju Yarlagadda Padmanabha Prasad
Prasad, S/o. Late Sivaram
Prasad Bahadur,, Hindu, aged about 82 years, resident of Challapalli
Village and Mandal, Krishna District.
...Respondent
Respondent
Counsel for the Petitioner:
1. S.Raja Sekhar Kashyap
Counsel for the Respondent:
1. Ghantasala Udaya Bhaskar
The Court made the following:
Order:
The Civil Revision Petition is filed under Article 227 of the Constitution
of India against the Order dated 10.10.2023 allowing the I.A.No.196
6 of 2023 in
A.S.No.46 of 2023 filed by the appellant under Section 151 and Order XLI
XLI,
Rule 5 of the Code of Civil Procedure to stay all further proceedings including
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the execution of the decree in O.S.No.113 of 2014 on the file of Senior Civil
Judge, Avanigadda, pending disposal of the appeal.
2. In spite of the counter filed, opposing the grant of relief, stating that it is
only to drag on proceedings and there are no grounds to succeed in the
appeal, the appellate Court allowed the petition observing that unless stay is
granted the appeal would be rendered futile. Aggrieved by the order, this
revision petition is filed, further stating that the respondent is aged 80 years
and the revision petitioner also is aged 73 years as on the date of filing of the
appeal and also that there are no grounds to defend the suit or show the merit
in the appeal.
3. The learned counsel for the revision petitioner submitted that in view of
the judgment and decree passed after hearing both parties, if the decree and
judgment are suspended or stayed by the appellate Court and the hearing of
the appeal is dragged for long time, no justice would be done to the parties.
4. On the other hand the learned counsel for the respondents submitted
that there is no error in granting the stay by the appellate Court and if there
are any points of dispute, they shall be decided in the appeal. He further
stated that since there is no regular officer posted to the concerned Court, it is
difficult for the in-charge officer to hear the latest appeal, while other old
matters are also pending. He further stated that the record from the trial Court
is yet to be received as per his enquiry made yesterday.
5. Then the learned counsel for the revision petitioner stated that the
record of the lower Court was received and the matter was adjourned to
28.10.2024 for final hearing of the appeal.
6. In view of the circular instructions of the High Court, since the matters of
senior citizens can be taken on priority basis irrespective of the pendency of
other cases on the file of a Court, in the present case, there may not be hurdle
for final adjudication of the appeal. If the lower court record is not received, the
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same can be expeditiously received by addressing remainder letter, or if the
lower court record is received, the appeal can be heard and disposed of on
merits. Therefore, non-receipt of record is not a hurdle for final adjudication of
the appeal in expeditious manner in the matter of senior citizens.
7. Since, at this juncture, there is no need to interfere with the impugned
order, however, as the parties are senior citizens, this Court is of the view that
revision petition can be disposed of by directing the appellate Court to adhere
to the circular instructions in this regard and expeditiously dispose of the
appeal as early as possible, not later than two (02) months from the date of
receipt of copy of this order.
8. Accordingly, the Civil Revision Petition is disposed of. There shall be no
order as to costs.
8. Consequently, Miscellaneous Petitions, if any, pending in this Civil
Revision Petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Note: CC by 04.10.2024
B/o.
DSV
BSB,J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
CIVIL REVISION PETITION NO: 3294 of 2023
Date: 17.09.2024
DSV
BSB,J
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : C.R.P.No.3294 of 2023
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
06. 17.09.2024 BSB, J
The Civil Revision Petition is disposed of.
(vide separate order)
_________________
B.S.BHANUMATHI,J
DSV
