M/S.Sai Sreedhar Constructions vs Md.Ibrahim
2022 Latest Caselaw 6623 Tel

       THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

C.M.A.No.298 OF 2019

JUDGMENT: (Per Hon'ble Dr.SA,J)

This Civil Miscellaneous Appeal, under Order XLIII Rule

1 of CPC is filed by the appellant/plaintiff, aggrieved by the

order and decree, dated 16.08.2018 passed in I.A.No.120 of

2016 in O.S.No.103 of 2016 by the III Additional District

Judge, Ranga Reddy District at L.B. Nagar, whereby the

subject application filed by the appellant/plaintiff under Order

XXXIX Rules 1 and 2 r/w Section 151 of C.P.C., was

dismissed.

2. Heard the learned counsel for both sides and perused

the record.

3. It is brought to the notice of this Court that the subject

suit is posted for cross-examination of P.W.1.

4. As seen from the material placed on record, there is no

interim relief in favour of the appellant/plaintiff. The subject

suit is of the year 2016. It is pending for more than five

years. As per the circular orders of the Hon'ble High Court,

the cases which are pending for more than five years are

required to be disposed of expeditiously. At this juncture, it is

not appropriate to go into the merits of the appeal. Those can

be adverted to in the subject suit when the same is finally

disposed of on conclusion of trial.

5. Under these circumstances, as the subject suit is

pending for more than five years, the Court below is directed

to dispose of the subject suit, i.e., O.S.No.103 of 2016

expeditiously, preferably, within a period of four(4) months

from the date of receipt of a copy of this order.

6. With the above observations/direction, the Civil

Miscellaneous Appeal is disposed of.

Miscellaneous Petitions pending, if any, shall stand

closed. There shall be no order as to costs.

______________________ Dr. SHAMEEM AKTHER, J

_______________________ NAGESH BHEEMAPAKA, J Date: 08.12.2022 ssp