M/S. Lola Foods vs M/S. Srilaya Exports
2023 Latest Caselaw 3082 Tel

            HON'BLE SRI JUSTICE K. LAKSHMAN

          CIVIL REVISION PETITION No.3035 of 2023
ORDER:

Heard Smt. Vedula Chitralekha, learned counsel appearing for

petitioners and Sri M.Damodar Reddy, learned counsel appearing for

sole respondent. Perused the record.

2. Respondent had filed a suit vide O.S.No.180 of 2013 against

the petitioners seeking declaration of title and recovery of possession.

The same was decreed on 04.02.2022 by learned Senior Civil Judge,

Nalgonda. Feeling aggrieved by the said judgment and decree, the

petitioner Nos.2 to 4 herein have filed an appeal vide A.S.No.23 of

2022. In the said appeal, they have also filed an application vide

I.A.No.102 of 2022 seeking stay of all further proceedings pursuant to

judgment and decree dated 04.02.2022 in O.S.No.180 of 2013.

3. According to the learned counsel for the petitioner, there is

no officer in the appellate Court. In charge officer is not taking up the

said Interlocutory Application. On the other hand, learned Senior Civil

Judge, Nalgonda is proceeding with E.P.No.23 of 2022 in O.S.No.180

of 2013 in which event, petitioner Nos.2 to 4 will be put to irreparable

loss and injury and appeal will be infructuous.

4. Whereas, Sri M.Damodar Reddy, learned counsel appearing

for respondent, on instructions, would submit that there is an officer in

the said Court. Therefore, the submission made by the petitioner is not

correct.

5. As rightly contended by the learned counsel for the

petitioners, the Appellate Court has to dispose of the said application

vide I.A.No.102 of 2022 in A.S.No.23 of 2022 in accordance with

law, otherwise the very purpose of filing appeal will be defeated and it

will become infructuous if the decree is executed.

6. In view of the aforesaid discussion, this Civil Revision

Petition is disposed of. Learned Judge, Family Court-cum-III

Additional District Judge, Nalgonda, is directed to dispose of the

aforesaid application vide I.A.No.102 of 2022 in A.S.No.23 of 2022

filed by the petitioners seeking stay of all further proceedings pursuant

to the judgment and decree dated 04.02.2022 in O.S.No.180 of 2013

passed by learned Senior Civil Judge, Nalgonda, strictly in accordance

with law as expeditiously as possible. Till the said Interlocutory

Application vide I.A.No.102 of 2022 in A.S.No.23 of 2022 is disposed

of, learned Senior Civil Judge Nalgonda is directed not to proceed

with E.P.No.23 of 2022 in O.S.No.180 of 2013.

As a sequel, the miscellaneous petitions, if any, pending shall

stand closed.

__________________ K. LAKSHMAN, J Date: 03.03.2023 vvr