Ponugoti Raja Gopal vs Rohith Lal Renva And 29 Others
2021 Latest Caselaw 2571 Tel

      THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

           CIVIL REVISION PETITION No.1293 of 2021

ORDER:

This Civil Revision Petition, under Article 227 of Constitution

of India, is filed by the petitioner/appellant challenging the docket

order dated 20.12.2017, passed by the II Additional District and

Sessions Judge (FTC), Adilabad at Mancherial, in I.A.No.10 of 2018

in A.S. No.15 of 2018.

According to the petitioner, he filed the appeal challenging

the judgment and decree dated 01.11.2017 passed by the Principal

Junior Civil Judge, Mancherial, in O.S.No.376 of 2006. Pending

the appeal, he filed the present Interlocutory Application to

suspend the judgment and decree dated 01.11.2017 passed by the

trial Court. However, the learned II Additional District and

Sessions Judge, vide the impugned docket order dated 2012.2017,

has issued notice to the respondents instead of suspending the

order passed by the trial Court. Aggrieved by the same, the present

revision is filed.

The learned counsel for the revision petitioner has contended

that the learned lower appellate Court has failed to exercise the

discretionary power vested on it to dispense with the notice and

suspend the judgment and decree passed by the trial Court.

Heard the learned counsel for the petitioner and the learned

counsel for the respondent No.1, and perused the record.

As can be seen from the impugned docket order, it was

passed on 20.12.2017 and nearly three years eight months elapsed

thereafter. Hence, this Court deems it appropriate to direct the

lower appellate Court to dispose of the I.A. at the earliest.

In view of the above, without going into the merits or

demerits of the case, the Civil Revision Petition is disposed of

directing the II Additional District and Sessions Judge (F.T.C),

Adilabad at Mancherial, to dispose of I.A.No.10 of 2018 in

A.S.No.15 of 2018, as expeditiously as possible, preferably, within

a period of two weeks from the date of receipt of a copy of this

order, strictly in accordance with law, duly affording an

opportunity of hearing to the parties. It is needless to mention that

the respondents shall file their counters in the said I.A. before the

date of hearing positively, if not already filed.

Pending miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

________________________ A.ABHISHEK REDDY, J Date : 09.09.2021.

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