The High Court · 2025

Srikanth Patel Goud, S/o N. Goverdhan Patel Goud, Aged about 49 years, Occ. Business. R/ o. H.No.6-1-'1 , Balanagar, Hyderabad-42. ...RespondenUClaim Petitioner Counsel for the Petitioners: SRI SURESH SHIV SAGAR Counsel for the Respondent: SRI PALANATI LAKSHMAN The Court made the following: ORDER THE HON'BLE SMT. JUSTICE RENUKA YARA - CIVIL REVISION PETITION No.3326 of 2024 ' ORDER: Hearcl Sri Suresh Shiv Sagar. [r:arned <'<>unscl lirr the revision petitioner/ decree holder and Sri Palanati Lakshman, lcarned counsel for the respondent/claim petitioner. Perused the rccord.

2. This Civil Revision Petition is filecl secking cxpeditious disposal o[ the claim petition in E.A. No. 5 of 2022 lold tr.A. No. 84 of 2018) in E.P. No. 239 of 2022 (old E.P. No. 10 of 2O12) pcnding on lhe filc of lcarned Senior Civil Judgc, Kukatpally, Medchal Malkajgiri DistriL:t.

3. Iloth the learned counsel have narra[ed the history of liling of a suit lor partition, passing of prelimir-rar-1. de<'rec nnd passing ol final decrce in O.S. No. 183 of 1990. Sceking Execution thrrcof, lhc tr.P. No. 10 n'as fited in the ycar 2012. Pcnding E.P., in the rcar 2O18, clairn petition was filed. ln the said claim petition, petitioner No.2 herein filed a petition i.e., E.A. No. 21 of 2O19 under Order I l?ulc lO ol the Code of Civil Procedure, 1908, to strike off respondcnt Nos.2 to 14 and rhc said petitior-r was allowed on O2.O7.2019. The said order u.:rs challenged by way of C.R.P.No.2637 of 2019. 'i'lre C.R.P. was clismisseci uide order dated O2.O8.2O19. Aggrieved by the same, a rcview. perition u irs prcferred uide I.A.No.4 ot 2022 in C.R.P.No.2637 of 2()19. The revicu, pcririon i.e., t.A. No. 4 of 2022 was allou,ed on 23. I1.2023 and re sponclent No.2 was \- 2 RY,.J dp 3326 2024 ordered to be added as responck:,t in the claim petition. currently, respondent No.2 is added as a part]. respondent in the claim petition i.e., E.A.No.S of 2022 (old E.A. No. 84 of 2O 18). There are 14 rvitnesses who have filed their chief affidavits and they have to bc cross-examined.

4. On one hand, learncd counsel fbr the revision petitioner/ decree holder submitted that his clicnt is r-rnable to enjoy ttre fruits of the decree in spite o[ getting a final decrec u':l back in the year 20 12. Whereas, learned counsel for lhe rcspondcnt hcrein /ctaim petitioner would submit that the blame for delay cannot bc attriburcd to thc responclent herein as the E.P.No. 10 was filed in the ycar 2Ol2 and the claim petition was hled in the year 2018. Ever sincc filing ol the claim petition on account of striking off respondent No.2, there rvas delay in prosecuting the Civil Revision Petition i.e., C.R.P. No. 2637 of 2019 and the review petition i.e., I.A. No. 4 of 2022.

5. [n view of the aforeme rl tio nccl facls :rnd cit'cumstances <;f tile <:ase, this Court is of the considered opinion that the onlts lor the delay cannot be completely attributed to the respondent herein/claim pctitiorrer. It is also noted that a decree passed in the year 2O12 remains unexecuted even in the year 2O25. Since, there are 14 witncsses to be cross examined, this Court is not inclined to llx the time frame of two (02) months lor disposal of the claim pctition in E.A. No. 5 of 20'22 (old tr.A. No. 84 of 2018) in El.P. No. 239 of 2022 (olcl E.P. No. 10 of 2012) pending I .] on thc llle of learnecl Senior Civil .Iudge, Kukatpalll', Mt rlchal Malkajgiri District

6. At this juncture, both the parties agreed that thcv r,, ill co-operate in disposal of the claim petiticn in E.A. No. 5 of 2022 lokl E.A. No. 84 of 2O18) in E.P. No. 239 of 2O22 (old E.P. No. 10 of 2Ol2) pending on the file of learned Senior Civil Judge, Kukatpally, Medchal Malkajgiri District, at the ea rliest.

7. With the albrementioned obscrvation, thc Civil llcvision Pctition is disposed of directing the learned Scnior Civil Judge, Kukatpall_v, Meclch.rl Malkajgiri District, to dispose of the claim petition in Fl.A. No. 5 of 2O22 (old Il.A. No. 84 ol 2018) in E.P. No. 239 of 2022 (old tr.P. No. lO ol 20 12), u.ithin eight (08) months from the date of receipr of a cop1. of this order. There shall br: no order as to costs. Miscellane<>us Pctitions, if anr. pending, shall st:rnd c'losed //TRUE COPY// SD/. L. LAKSHMI BABU DEPUTY REGISTRAR G- SECTION OFFICER To, 1 The Serrior Civil_.lqqg_er Kukatpally, Medchal Malkajgiri District 2. One CC to SRt SURESH SH|V SAGAR, Advocate [dnUC1 3 One CC to SRt PALANATI LAKSHMAN, Advocate iOeUCl 4 Two CD Copies \ \'ll 'S \ D HIGH COURT DATED:0711012025 ORDER CRP.No.3326 of 2024 thI S14 ( i llorlp5 I r- rr.i TC I rr t1l DISPOSING THE CIVIL REVISION PETITION