Khaja Lateefuddin vs Vimal Kumar Bhasin
2022 Latest Caselaw 6421 Tel

     THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

                        C.R.P.No.3207 OF 2018
ORDER:

This civil revision petition, under Article 227 of the Constitution

of India, is directed against the order dated 08.03.2018 in I.A.No.1363

of 2016 in O.S.No.582 of 2013, on the file of X Additional Chief Judge,

City Civil Court, Hyderabad, whereby the application filed by

respondent herein, under Order IX Rule 13 read with Section 151 CPC

seeking to set aside the ex parte judgment and decree dated 30.10.2013

passed in O.S.No.582 of 2013, was allowed.

2. Heard learned counsel for the petitioner and learned counsel for

the respondent. Perused the material on record.

3. Petitioner - plaintiff filed the suit in O.S.No.582 of 2013 for

specific performance of contract as per sale receipts during the year

2012 and 2013 and alternatively for refund of the earnest amount

received by the respondent-defendant. While so, the petitioner failed to

appear before the trial Court and an ex parte decree was passed on

30.10.2013. Later, the petitioner herein filed an application in

I.A.No.1363 of 2016 under Order IX Rule 13 CPC to set aside the

ex parte judgment and decree dated 30.10.2013. The respondent

resisted the same by filing counter. On a consideration of the material

on record, the trial Court allowed I.A.No.1363 of 2016 by setting aside

the ex parte decree and judgment passed in O.S.No.582 of 2013 dated

08.03.2018. Aggrieved by the same, the petitioner-plaintiff preferred

the present revision petition.

4. Learned counsel for the petitioner submits that subsequent to

filing of this civil revision petition, since there was no interim stay of

all further proceedings before the trial Court, the suit was taken up for

trial and the same is in mid way. As such, the learned counsel submits

that the trial Court may be directed to dispose of the main suit as

expeditiously as possible within a period of three months.

5. Considering the submissions of the learned counsel for the

petitioner and also considering the facts and circumstances of the case,

and in order to meet the ends of justice, I am of the opinion that the trial

Court is directed to dispose of the suit in O.S.No.582 of 2013 as

expeditious as possible, preferably within a period of three months from

the date of receipt of a copy of this order.

6. Accordingly, the civil revision petition is disposed of, with the

above direction.

7. As a sequel, miscellaneous petitions, pending if any, shall stand

closed. There shall be no order as to costs.

________________________ A.SANTHOSH REDDY, J Date: 05.12.2022 Yvk