Rodda Mysamma And Another vs Rodda Yellamma And 4 Others
2021 Latest Caselaw 3800 Tel

            THE HON'BLE JUSTICE K. LAKSHMAN

         CIVIL REVISION PETITION No.1839 of 2021


ORDER:

This Civil Revision Petition is filed seeking a direction to

the learned Principal Junior Civil Judge, Mancherial, to

dispose of O.S.No.49 of 2019, as expeditiously as possible.

Heard Sri Gajanand Chakravarthy, learned counsel for

the petitioners.

The petitioners herein are plaintiffs in O.S.No.49 of

2019 filed for perpetual injunction against the

respondents/defendants herein, wherein the respondents/

defendants have set exparte vide order dated 26.07.2019.

Thereafter, the respondents/defendants have filed an

application in I.A.No.469 of 2019 in O.S.No.49 of 2019

seeking to set aside the said exparte order dated 26.07.2019

and the same was dismissed on 18.03.2021.

According to the learned counsel for the petitioners, the

respondents/defendants have not filed any revision

challenging the said order dated 18.03.2021 in I.A.No.469 of

2019 in O.S.No.49 of 2019 and the matter is posted for

judgment. Learned counsel for the petitioners contends that

the Court below is not pronouncing the judgment in

O.S.No.49 of 2019 despite dismissal of I.A.No.469 of 2019

vide order dated 18.03.2021 and the respondents/defendants 2 KL, J C.R.P.No.1839 of 2021

are interfering with the possession of the petitioners/plaintiffs

over the suit schedule property. Therefore, there is an

urgency in the matter.

A perusal of the record would reveal that the learned

Principal Junior Civil Judge, Mancherial, has dismissed

I.A.No.469 of 2019 in O.S.No.49 of 2019 on 18.03.2021 itself

and it is a reasoned order. In the said order dated

18.03.2021, there is a specific mention that the main suit is

posted for judgment. Even then, the learned Principal Junior

Civil Judge, Mancherial, has not passed any judgment in the

said suit.

Considering the said facts, more particularly, the fact

that the respondents/defendants have not preferred any

revision challenging the order dated 18.03.2021 in I.A.No.469

of 2019 in O.S.No.49 of 2019, this Civil Revision Petition is

disposed of, at the admission stage, directing the learned

Principal Junior Civil Judge, Mancherial, to dispose of

O.S.No.49 of 2019 in accordance with law, as expeditiously as

possible. No order as to costs.

Miscellaneous petitions pending, if any, shall stand

closed.

_________________________ JUSTICE K. LAKSHMAN

26.11.2021.

Msr 3 KL, J C.R.P.No.1839 of 2021

THE HON'BLE JUSTICE K. LAKSHMAN

CIVIL REVISION PETITION No.1839 of 2021

26.11.2021 (Msr)