Citation : 2023 Latest Caselaw 2437 Tel
Judgement Date : 15 September, 2023
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No.1738 OF 2023
ORDER:
Heard Sri G.L. Narasimha Rao, learned counsel appearing for the
petitioners and Sri N.V. Anantha Krishna, learned counsel appearing for
respondent Nos.2 to 7.
2. This Revision is filed under Article 227 of the Constitution of India
seeking a direction to the learned Senior Civil Judge-cum-Assistant Sessions
Judge (FTC) at Khammam to dispose of I.A.No.2 of 2022 in O.S.No.67 of 2010
in accordance with law.
3. The respondents/plaintiffs filed a suit vide O.S.No.67 of 2010 for
Perpetual Injunction against the petitioners/defendants and counter claims were
also filed by the petitioners/defendants under Order VIII Rule 10 of C.P.C. to
pass a Judgment and Decree in favour of the petitioners/defendants as against
the respondents/plaintiffs as prayed for. Though the said application was filed
on 16.08.2022, the Court below is not disposing of the said application in
accordance with law. Therefore, the present Civil Revision Petition.
4. Sri N.V. Anantha Krishna, learned counsel appearing for respondent
Nos.2 to 7 fairly submits that he has no objection in directing the Court below to
dispose of the said I.A., strictly in accordance with law.
5. In the light of the aforesaid discussion, this Civil Revision Petition is
disposed of directing the learned Senior Civil Judge-cum-Assistant Sessions
Judge (FTC) at Khammam to dispose of I.A.No.2 of 2022 in O.S.No.67 of
2010, strictly in accordance with law by putting the parties on notice and
affording them an opportunity as expeditiously as possible, preferably within a
period of thirty (30) days from the date of receipt of copy of this order.
6. As discussed, the suit is of the year 2010 and in the light of the same, the
learned Senior Civil Judge-cum-Assistant Sessions Judge (FTC) at Khammam
is directed to dispose of the very suit itself, strictly in accordance with law as
expeditiously as possible within a period of three months from the date of
receipt of copy of this order. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________ K. LAKSHMAN, J 15th September, 2023 myk/vsl
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No.1738 OF 2023
Dated:15.09.2023
myk/vsl
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