Telangana High Court
Veemulapalli Shanti vs Yerraguntla Renuka Devi on 24 February, 2025
THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
CIVIL REVISION PETITION No.390 of 2025
ORDER:
This Civil Revision Petition is filed under Article 227 of
Constitution of India seeking a direction to the
learned trial Court to dispose of I.A.No.22 of 2024 in
A.S.No.04 of 2024 pending on the file of the I Additional
District and Sessions Judge, Jogulamba Goadwal district.
2. Petitioners herein filed an Appeal Suit vide A.S.No.04
of 2024 pending on the file of the I Additional District and
Sessions Judge, Jogulamba Goadwal district along with
I.A.No.22 of 2024 for grant of stay of operation of judgment
and decree dated 27.12.2023 passed in O.S.No.81 of 2016
by the learned Principal Senior Civil Judge, Gadwal, during
pendency of Appeal Suit.
3. The said Appeal Suit is preferred against the
judgment and decree dated 27.12.2023 passed in
O.S.No.81 of 2016, while decreing the suit of the plaintiffs.
Being aggrieved by the same, the said Appeal Suit was filed
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along the said I.A. seeking stay of the said decree. A
consequential relief was granted identifying the concerned
Revenue Officials to carry out the ratifications in the
Revenue records as per the decree.
4. Now, the grievance of the petitioner in the present
Civil Revision Petition is that the learned Judge without
passing any orders in the said I.A.No.22 of 2024 the same
was being adjourned from time to time on several dates.
According to the petitioner, the said I.A.No.22 of 2024 was
initially posted on 13.02.2024 and in view of filing of
Caveat, notice was ordered to serve on the Caveator and
posted to 16.02.2024. On 16.02.2024, Caveator/
respondent No.1 sought time to file counter and posted to
21.02.2024 for counter of respondents. Subsequently, it
underwent various steps and was being posted day to day
from 21.02.2024 to 27.12.2024. She also contended that no
orders passed in I.A.No.22 of 2024, though the appeal is
being First Appeal, respondent No.1 is bound to pass some
orders on the stay application in O.S.No.81 of 2016.
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5. The present Civil Revision Petition is at admission
stage. This Court ordered Notice Before Admission on
07.02.2025 and petitioner herein was also permitted to
take out personal notice to respondents by RPAD and also
directed to file proof of service. In compliance of the same,
petitioners have filed proof of service showing service of
notice on respondent No.1 is awaiting and notice sent to
learned counsel appearing for the respondent No.1
appeared in trial Court is served. As respondent No.2 is
being formal party notice is dispensed with.
6. Heard learned counsel appearing for the petitioners
None appeared for respondent No.1. Perused the record.
7. On perusal of the material available on record it
shows that I.A.No.22 of 2024 in A.S.No.04 of 2024 was
adjourned from time to time under various proceedings
from 13.02.2024 to 27.12.2024. As seen from the record it
appears that in most of the hearings the matter was
adjourned on the ground that the Presiding Officer was
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transferred and also on the request of both the counsel the
said IA was adjourned.
8. Perusal of the record would also reveal that though
the said application was filed on 09.02.2024 learned trial
Court has not disposed of the same, in accordance with
law.
9. In view of the aforesaid facts, this Civil Revision
Petition is disposed of directing learned I Additional District
and Sessions Judge, Jogulamba Gadwal district to dispose
of I.A.No.22 of 2024 in A.S.No.04 of 2024, strictly in
accordance with law, as expeditiously as possible without
granting any un-necessary adjournments. Both the parties
are also directed to cooperate with the Court in disposal of
the said I.A. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any,
pending in this Civil Revision Petition shall stand closed.
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NARSING RAO NANDIKONDA, J
February 24, 2025
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