Devaram Janardhan Reddy vs G Gyaneswar
2022 Latest Caselaw 2524 Tel

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        THE HON'BLE SRI JUSTICE UJJAL BHUYAN

        CIVIL REVISION PETITION No.1154 OF 2022

ORDER:

Heard learned counsel for the petitioner.

2. Having regard to the order that is proposed to be

passed, issuance of formal notice is considered not necessary.

3. Petitioner as the plaintiff had instituted O.S.No.548 of

2013 before the XVII Additional Senior Civil Judge, City Civil

Court, Hyderabad for eviction of respondent (defendant) and

for recovery of arrears of rent etc. By the judgment and

decree dated 28.09.2015, the suit was decreed in favour of

the plaintiff. Respondent (defendant) was directed to vacate

and handover the peaceful possession of the suit schedule

property to the plaintiff within one month from the date of

judgment. Respondent (defendant) was further directed to

pay arrears of rent from June, 2012 to till the delivery of

vacant possession @ Rs.5500/- per month, which was

directed to be deposited within one month of the judgment.

That apart respondent (defendant) was directed to pay costs

to the plaintiff.

4. Against the aforesaid judgment and decree, respondent

as the appellant has preferred appeal before the Court of

Chief Judge, City Civil Court, Hyderabad which has been

registered as A.S.No.289 of 2015.

5. Grievance expressed by the petitioner is that the appeal

has been adjourned multiple times on one ground or the

other. Appeal is pending since the year 2015. Petitioner is

aged about 82 years. Considering his advanced age, an early

decision on the appeal is called for.

6. Court has perused the docket proceedings of the appeal

being A.S.No.289 of 2015 and has found that from

16.06.2016 onwards the appeal has been adjourned on

multiple occasions. Presently, the appeal is pending before

the XIV Additional District Judge, City Civil Court,

Hyderabad. Court has been informed that the appeal has

been fixed for hearing on 14.06.2022.

7. After hearing learned counsel for the petitioner and on

due consideration, Court is of the view that the appeal i.e.,

A.S.No.289 of 2015 should be heard by the learned lower

appellate Court without further delay.

8. Accordingly, it is directed that A.S.No.289 of 2015 shall

be heard by the learned lower appellate Court i.e., XIV

Additional Chief Judge, City Civil Court, Hyderabad on

14.06.2022 or an any subsequent date thereafter but the

hearing should be concluded within a period of one month

from 14.06.2022 whereafter the judgment shall be

pronounced within 60 days.

9. This disposes of the civil revision petition. No costs.

10. Miscellaneous petitions if any, pending in this civil

revision petition shall stand closed.

____________________ UJJAL BHUYAN, J

Date: 09.06.2022.

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THE HON'BLE SRI JUSTICE UJJAL BHUYAN

CIVIL REVISION PETITION No.1154 OF 2022

Date:09.06.2022

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