Bolisetty Yellamma vs Mohd. Shafeequrr Rahman
2023 Latest Caselaw 3170 Tel

     THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

         CIVIL REVISION PETITION No.3086 of 2023

ORDER:

This Civil Revision Petition is filed seeking expeditious

disposal of E.P.No.16 of 2023 in O.S.No.27 of 2016 dated

22.09.2022 on the file of Senior Civil Judge, Miryalaguda.

2. Petitioner herein filed a Suit in O.S.No.27 of 2016 seeking

eviction of the respondent/defendant from the suit schedule

property and the same was decreed by the trial Court on

22.09.2022, against the said Judgment, respondent/defendant

preferred an appeal in A.S.No.17 of 2023. During the pendency

of the said appeal respondent/defendant filed I.A.No.1005 of

2022 seeking for stay of operation of Judgment and decree

dated 22.09.2022 and the first appellate Court by order dated

14.11.2022 granted interim stay with a direction to deposit

Rs.7,500/- (Rupees Seven thousand five hundred only) per

month for the period from the date of filing of the suit till the

date of decree i.e, 22.09.2022, to the credit of the suit before the

trial Court on or before 12.12.2022, but it was not complied

with, as such the stay granted was vacated on 12.12.2022 and

then petitioner herein filed E.P.No.16 of 2023 on 31.01.2023 for

execution of the decree. The Executing Court on 03.04.2023

ordered notice to the respondent and posted the matter to

08.06.2023. On 08.06.2023 the trial Court issued further notice

and posted the matter to 23.06.2023. On 23.06.2023, the

respondent appeared through his counsel and sought time for

filing counter and the Execution Petition was posted to

07.08.2023 for filing counter. Again on 07.08.2023, respondent

sought time for filing counter and trial court adjourned the

Execution Petition to 18.09.2023 finally, for filing counter.

So far, it is not disposed of. Order XLI Rule 5 reads as follows:-

Stay of Appellate Court - (1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree.

3. As the petitioner herein is aged about 76 years and she

did not receive the arrears of rent from April, 2013 onwards and

also suffering from age old ailments, this Court finds it

reasonable to allow the present Civil Revision Petition.

4. In the result, the Civil Revision Petition is allowed

directing the trial Court to dispose of the E.P.No.16 of 2023 in

O.S.No.27 of 2016 pending on the file of Senior Civil Judge,

Miryalaguda, within one month from the date of this order.

There shall be no Order as to costs.

Miscellaneous petitions pending, if any, shall stand

closed.

_________________________ JUSTICE P.SREE SUDHA

Dt.13.10.2023.

Note:-

Issue CC today.

B/o.

krl

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

CIVIL REVISION PETITION No. 3086 of 2023

DATE : 13.10.2023

krl