M/S Badam Balakrishna Hotel Pvt. ... vs Mumtaz Yarud Dowla Wakf And 6 ...
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  THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

          CIVIL REVISION PETITION No. 711 of 2021

ORDER:

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

representing the learned counsel for the petitioner and

Sri B. Nalin Kumar, learned counsel for respondent No.1, at

length.

Having regard to the various contentions raised, more

particularly, with respect to the allegation that Sri M.V.S. Suresh

Kumar, learned Senior Counsel, argued only in main E.P.No.29

of 2014 on 21.12.2020 and was not engaged in E.A.No.96 of

2017, which aspect is also being seriously disputed, and

considering the very scope of objections being raised by the

petitioner, who incidentally is Judgment Debtor No.2, against

whom, the decree in O.S.No.132 of 1999 is required to be

executed, the learned Judge ought to have focused on disposing

the main E.P. itself, more particularly, considering the fact that

the judgment and decree is dated 13.11.2002, and CRP.No.5863

of 2002 against the same was also dismissed by this Court.

In those circumstances, this Civil Revision Petition is

disposed of with a direction to the Court below to dispose of

E.P.No.29 of 2014 along with other E.A.s, within three (3) weeks CKR, J

after conclusion of the arguments, strictly on merits and after

considering the arguments that may be advanced by the

respective parties.

Considering the representation made at this juncture that

the matter is coming up tomorrow i.e., 09.06.2021, there shall be

a direction to the Court below to give a fresh date tomorrow

when the matter is taken up or when a mention is made by the

learned counsel. It is made clear that the learned counsel shall

advance their arguments on the given date and the Court below

shall not give any further adjournment on that date.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 8th JUNE, 2021.

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