Kisna Avenues Pvt. Ltd., vs Sharada Devi Kedia
2021 Latest Caselaw 493 Tel

     THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

                        C.M.A. No. 88 of 2021
JUDGMENT:

This Appeal is filed against the order dated 03.11.2020

passed by the learned V Additional Metropolitan Sessions Judge,

Ranga Reddy District at L.B.Nagar dismissing A.R.O.P.No.343 of

2019.

Heard Sri M.V.S.Suresh Kumar, learned Senior Counsel for

the appellant.

There is no dispute that arguments were heard in the above

said O.P. and reserved the matter for passing orders by the learned

Judge, Sri S.Venkateswara Prasad. Thereafter, the matter was

listed for pronouncement of orders on 16.10.2019, on which date,

the matter was adjourned to 05.11.2019, 19.11.2019, 04.12.2019,

23.01.2020, 27.01.2020, 10.02.2020, 12.03.2020 and 19.03.2020. A

perusal of the docket order dated 05.10.2020 discloses that learned

counsel for the petitioner therein reported on phone that no reply

arguments on behalf of the petitioner and in view of filing of written

arguments by both the parties, orders were reserved. However, the

afore-stated docket proceedings do not disclose when the learned

counsel for both the parties had argued before the Court. It is

strange to hear that the Court is informed through phone that no

reply arguments on behalf of the petitioner.

Sri J.Prabhakar, learned counsel for the respondents, fairly

submits that neither of the counsel had argued before the present

Presiding Officer, who was only in-charge. He further submits that

the Presiding Officer has presumed that no further arguments are

required to be heard in view of written arguments filed by both the

learned counsel. He also submits that both the learned counsel may

be given liberty to argue the matter before the Court, and thereby,

prays for setting aside the order under Appeal.

Considering the fact that the learned V Additional Metropolitan

Sessions Judge, Ranga Reddy District at L.B.Nagar, Sri G.Raja

Gopal, had given a definite opinion with respect to the merits of the

matter basing on the written arguments, without hearing the learned

counsel, the learned Principal District Judge, Ranga Reddy is

directed to transfer A.R.O.P.No.343 of 2019 to the other learned

Judge to hear and dispose of the same, within a period of eight (8)

weeks from the date of receipt of a copy of this Order.

Accordingly, the Appeal is allowed and the order under Appeal

is set aside.

Miscellaneous petitions, if any pending shall stand disposed

of. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J Dt:22.02.2021

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