Senior Manager v. N.Venkata Subbaiah

This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 29.06.2009, in I.A.No.68 of 2008 in O.S.No.1442 of 2007, on the file of VIII Additional Senior Civil Judge ( F.T.C.) City Civil Court, Hyderabad, whereunder and whereby, the application filed under Section 151 C.P.C. to direct the respondent bank not to recover any amount from pension of the petitioner in Account No.AVD 176, Canara Bank, Jubilee Hills Branch, Hyderabad, pending disposal of the suit, was allowed. Heard both sides. Without adverting to the merits of the case, the impugned order dated

29.06.2009 is liable to be set aside for the reason that the documents filed by both the parties have not been referred to resolve the dispute. One of the contentions of the learned counsel for the petitioner is that the irrevocable unconditional letter said to have been issued by the respondent herein has filed and the same has not been considered by the trial Court. Therefore, it is a fit case where a direction can be given to the trial court to dispose of the application filed by the Bank as early as possible, preferably within a period of three weeks from the date of receipt of a copy of this order. With the above observation, the Civil Revision Petition is disposed of. No costs. OCTOBER 19, 2010. YVL _______________ K.C.BHANU. J