Kadimisetty Rajyalakshmi (Died) v. Pentapati Prasad & Anr.

THE HON'BLE SRI JUSTICE R. KANTHA RAO CIVIL REVISION PETITION NO.4802 OF 2010 ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the inaction on the part of the Additional District Judge, Vizianagaram, in deciding I.A.No.564 of 2009 in A.S. No.67 of 2009, and seeking a direction to the learned Additional District Judge, Vizianagaram, to dispose of I.A. 564 of 2009 in A.S. 67 of 2009 on merits immediately. I have heard Sri P. Phalguna Rao, learned counsel appearing for the revision petitioners. The grievance of the revision petitioners as put forth by the learned counsel is that challenging the decree and judgment in O.S. No.307 of 2004 on the file of the Court of Principal Junior Civil Judge, Vizianagaram, the civil revision petitioners filed A.S. 67 of 2009, which is pending before the learned Additional District Judge’s Court, Vizianagaram.

The decree was passed by the trial Court ordering eviction of the revision petitioners, as such, the revision petitioners filed I.A. 564 of 2009 in A.S. 67 of 2009 before the lower appellate court seeking stay of execution of all further proceedings including eviction of the petitioners from the E.P. schedule property in E.P. No.249 of 2009 filed by the respondents. But the lower appellate Court, having passed a docket order on 03-08-2009 to the effect that I.A. will be disposed of along with the appeal, has not yet disposed of either the I.A. or the Appeal and the execution Court is pressing for the disposal of E.P. 249 of 2009, and thereby, the revision petitioners apprehend that they may be evicted at any time in which event, the very purpose of their filing the Appeal before the lower appellate Court will be defeated resulting in great hardship and irreparable loss to them. There is any amount of force in the contentions urged by the learned counsel appearing for the revision petitioners.

Since the decree (directing the eviction of the revision petitioners) is challenged, I.A. 564 of 2009 shall be disposed of by the lower appellate Court, on merits at an early date, otherwise, there is every likelihood of the Appeal itself becoming infructuous. Therefore, the Additional District Judge, Vizianagaram, is directed to dispose of I.A. No.564 of 2009 in A.S.67 of 2009 on merits, within a period of fifteen (15) days from the date of receipt of a copy of this Order, without any further delay. With the above direction, the Civil Revision Petition is disposed of at the stage of admission. No order as to costs. __________________ R. KANTHA RAO, J. November, 08, 2010. DSH