T.Satyanarayana Prasad vs Noor Mohammed Syed
2021 Latest Caselaw 314 Tel

              HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

                       Civil Revision Petition No.147 of 2021

ORDER:

This civil revision petition is filed against the notice

dated 17.12.2020 issued to petitioner/J.Dr., to appear in person before the

Court on 22.12.2020 in E.A.No.120 of 2020 in E.P.No.267 of 2020 in

O.S.No.2466 of 2009 on the file of the VIII Additional Senior Civil Judge,

Ranga Reddy District at L.B.Nagar, filed by respondent/D.Hr., for police

protection.

2. Heard Sri S. Syam Sunder Rao, learned counsel for the petitioner,

and perused the material on record.

3. Learned counsel for the petitioner submits that as the petitioner filed

statutory appeal in A.S.No.226 of 2018 against the judgment and decree in

O.S.No.2466 of 2009 and also filed I.A.No.117 of 2021 in A.S.No.226 of

2018 for grant of stay, unless stay is granted in the said appeal, the Court

below cannot proceed further in the E.P.

4. It is to be seen that the suit was decreed on 19.07.2018 and the

petitioner filed appeal in A.S.No.226 of 2018, and it is not known as to why

he has not moved any interlocutory application in the said appeal, but he

moved the Interlocutory Application for grant of stay only in the year 2021.

Since the impugned notice was issued in E.A.No.120 of 2020 in

E.P.No.267 of 2020 to appear in person before the Court, the petitioner

in spite of approaching the appellate Court for pressing I.A.No.117 of 2021

for grant of stay, he approached this Court and as such, the civil revision

petition is misconceived. However, as it is stated that I.A.No.117 of 2021 2 ARR, J C.R.P.No.147 of 2021

in A.S.No.226 of 2018 is pending, the appellate Court is directed to

consider and dispose of the same in accordance with law as expeditiously

as possible, since it is stated that E.P., is pending.

5. With the above observation, the Civil Revision Petition is disposed

of. No order as to costs.

6. Miscellaneous petitions, if any pending in this revision, shall stand

closed.

________________________ A.RAJASHEKER REDDY, J 5th February, 2021

sj