CHIMAKURTHY VENKATA SUBBARAO v. GALI ANJAIAH

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the trial court to dispose I.A.No.467 of 2022 in O.S.No.7 of 2022 on the file of Senior Civil, Judge, Parchur expeditiously by fixing certain time frame and to pass 2 Counsel for the Petitioner:

1. A.SAI ROHIT Counsel for the Respondent(S):

The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 303/2026 ORDER:- The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking a direction to the learned Civil Judge (Senior Division), Parchur to dispose of I.A.No.467 of 2022 in O.S.No.7 of 2022 filed under Section 45 of the Evidence Act, 1872 within a fixed time frame of three months.

Heard the learned counsel for the petitioner. As issuance of notices to the respondents is not necessary in this matter, hence notices to the respondents are hereby dispensed with. Perused the material on record.

The petitioner herein is the 1st defendant, respondent No.1 is the plaintiff and respondent No.2 herein is the 2nd defendant in the suit. For the sake of convenience of this Court, the parties herein are referred as arrayed in the suit.

Learned counsel the petitioner submits petitioner/Defendant No.1 filed an application i.e., I.A.No.467 of 2022 in O.S.No.7 of 2022 under Section 45 of the India Evidence Act, 1872 seeking to refer the disputed signatures of the petitioner herein along with the admitted signature of the 1st defendant for the expert opinion. But for one reason or the other, the trial court sit over the matter and not disposed of the I.A. even after completion of three years. Hence, the Revision Petition.

Considering the submissions made by the learned counsel for the petitioner and on perusal of the material placed on record, it is observed that it 4 is a settled law that if any interlocutory application is filed in suit proceedings, the same should be considered and to be disposed of as early as possible, approximately within a period of six months. In the instant case, it appears that the interlocutory application is filed three years back, but so far the same was not considered and disposed of, which is certainly contrary to the settled preposition of law. So, the grievance of the petitioner is that the non-disposal of the application, which is pending for more than three years, which is hampering the suit proceedings and on the other hand, the rights of the parties to the suit is at stake. Early disposal of the suit is well known recognized right of the parties. If that is so, the trial court without there being any reasonable grounds, it cannot keep the matter pending for years together, contrary to the settled law. Therefore, this Court inclined to dispose of the Civil Revision Petition directing the trial court to dispose of I.A.No.467 of 2022 in O.S.No.7 of 2022, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order.