Smt.Durga Rani Agarwal And 2 ... vs K Laxman Goud And 2 Others
2022 Latest Caselaw 6965 Tel

        THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
                          AND
       THE HON'BLE SRI JUSTICE A.SANTHOSH REDDY

       CIVIL MISCELLANEOUS APPEAL No.1139 OF 2018

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

       This Civil Miscellaneous Appeal, under Order XLIII Rule

1 of CPC is filed by the appellants/plaintiffs, aggrieved by the

order and decree, dated 23.07.2018 passed in I.A.No.1409 of

2017 in O.S.No.178 of 2017 by the I Additional Chief Judge,

City    Civil    Court,     Secunderabad,    whereby    the   subject

application filed by the appellants/plaintiffs under Order

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


2.     Heard the learned counsel for the appellants/plaintiffs

and perused the record.


3.     Learned counsel for the appellants/plaintiffs raised

several contentions before this Court with regard to title over

the subject property and forcibly taking possession of the

subject property by demolishing the compound wall and

ultimately prayed to allow the appeal. Alternatively, a request

has    also     come   up    from   the   learned   counsel   for   the

appellants/plaintiffs that a direction to the Court below to

dispose of the subject suit expeditiously would suffice.
                                2


4.    The Court below while dealing with the subject matter

of the I.A. is of the opinion that there is no balance of

convenience in favour of the appellants/plaintiffs. The Court

below has placed reliance over several documents marked on

behalf of the respondents/defendants, who are said to be

protected tenants in respect of the land in question and there

are sale deeds executed by respondent Nos.1 and 2 also in

favour of respondent No.3. The contention raised in this

appeal is that parties are having excess land to their credit. It

can be adverted to when the subject suit is finally taken up

and disposed of. So, at this juncture, this Court is of the

opinion that there is no prima facie case to grant the relief as

sought for. However, as the suit is of the year 2017, utmost

priority has to be given to the cases, which are pending for

more than five years and required to be disposed of

expeditiously.

5. Therefore, the learned I Additional Chief Judge, City

Civil Court, Secunderabad, is directed to dispose of the

subject suit in O.S.No.178 of 2017 in accordance with law,

expeditiously, preferably, within a period of six(6) months

from the date of receipt of a copy of this order. It is made

clear that the Court below shall not get influenced by any of

the observations made in this appeal as well as in the

impugned order.

6. With the above direction, the Civil Miscellaneous

Appeals is disposed of.

Miscellaneous Petitions pending, if any, shall stand

closed. There shall be no order as to costs.

______________________ Dr. SHAMEEM AKTHER, J

_______________________ A.SANTHOSH REDDY, J Date: 26.12.2022 ssp