Sri. K. Vittal Reddy vs The State Of Telangana The ...
2023 Latest Caselaw 699 Tel

        HON'BLE SMT JUSTICE P.SREE SUDHA
 CIVIL REVISION PETITION Nos.39 & 88 OF 2023

COMMON ORDER:

     Heard the arguments of the learned counsel for the

petitioner   as   well   as   the   learned   counsel   for   the

respondents.

2. This Civil Revision Petition No.39 of 2023 is

filed against the docket order of the trial Court in

E.A.No.67 of 2022 in E.P.No.08 of 2020 in O.S.No.4 of

2014.

3. The application is filed before the Court to

condone the delay of 546 days in filing the petition by

Judgment Debtor/ respondent No.5 in the main E.P. The

trial Court observed that in spite of issuance of notice to

the J.Dr/ respondent No.5 has not enunciated any interest

in spite of granting several opportunities and thus he was

made ex-parte on 14.06.2022. But later he has come up

with this petition. However, considering the period of the

delay it was allowed by the trial Court.

4. And Civil Revision Petition No.88 of 2023 is filed

against the docket order dated 12.12.2022 passed by trial

PSS,J C.R.P.No.39 & 88 of 2023

Court in E.A.No.68 of 2022 in EW.P.No.08 of 2020 in

O.S.No.04 of 2014. The petitioner filed an application to

set aside the ex-parte order passed by the trial Court on

14.06.2022 and it was allowed by the trial Court.

5. Learned counsel for the respondent herein/J.Dr

has stated that he has represented that he will file counter

on Monday and the matter may be remanded with a

specific direction to dispose of the E.P. itself within two (2)

weeks.

6. Learned counsel for the petitioner stated that

O.S.No.4 of 2014 was decreed with a direction to the

respondents/defendant Nos.1 to 4 (Officials of the

irrigation department) to restore the water supply to the

plaintiff suit plants through temporary canals by removing

the obstructions which was laid by D5/J.Dr filed against

which appeal is filed vide A.S.No.22 of 2018 and the

appellate Court was confirmed the order passed by the trial

Court in O.S.No.4 of 2014 dated 02.05.2018.

7. The Second Appeal is preferred by J.Dr No.5 for

that no stay is granted as such he filed E.P. Considering

the arguments of both sides, this Court finds that it is just

PSS,J C.R.P.No.39 & 88 of 2023

and reasonable to dispose of the Civil Revision Petitions

with a specific direction to the trial Court to receive the

counter and to dispose of the E.P. itself within a period of

two (2) weeks from the date of receipt of a copy of this

Order. Both the parties are directed to co-operate with the

Court for the disposal of the main E.P. that E.P.No.8 of

2020. There shall be no order as to costs.

8. Miscellaneous petitions pending, if any, shall

stand closed.

_______________________________ SMT JUSTICE P.SREE SUDHA

Date: 10.02.2023 sai

PSS,J C.R.P.No.39 & 88 of 2023

HON'BLE SMT JUSTICE P.SREE SUDHA

CIVIL REVISION PETITION Nos.39 & 88 OF 2023

10.02.2023 sai