M/s. Lalaiah & Company, Hyderabad v. The Executive Engineer (R & B), tVliryalguda Division, Nalgonda District

This Civil Revision Petition is fiied by the petitioner/Dhr, aggrieved by the order dated 12.07.2017 passed by the learned Principal District Judge, Nalgonda, in E.P. No.11 of 2013 in O.S. No.54 of 2OO7. TLte present revision is directed against the dockct order as well as the orders passed in the memo dated

03.07 .2017.

2. Heard Sri K.V. Sudhakar, learned counsel for the petitioner, and there is no representation on behalf of the respondents.

3. Learned counsel for the petitioner has brought to the notice of this Court that the said E.P. was subsequently closed on

26.O1.2018 by the learned Principal District Judge, Nalgonda, on the grounds therein which are extracted hereunder: 2 NNR, J cRP_7255_2018 "Heard the counsel for the Decree Holder and tle counsel for J.Dr. urulisputedly half of the amount uas deposited before this Court. The learned Gouernment Pleader submitted that the remaining atnount is to be paid bg the Gouernment of Andhra Pradesh and a letter utas addressed to that effect and tt is pending for consideratton. Meanwhile, it is brought to the notice of this Court that A.S. No.644 of 2O11 is pending before the Hon'ble High Coutl challenging th.e Decree under exeantion. When it ts the case and u.then the matter is sub judice before the Hon'ble High Court continuation of the E.P. uill not giue ang fruitful result at this stage on the ground tLnt the leamed Gouent"ment Pleader expecting disposal of A.S. No.644 o.f 2O11 before the Hon'ble High Court. Though the learned counsel for Decree Holder is irzsisling /or execution of this D.P. it is the considered opinion of this Court that uh.en th.e decree and judgment is challenged before the Hon'ble High Courl, the result of the disposal of A.S. No.644 of 2O11 decides the continuation of this E.P. and giues fresh cause of action to the Decree Ho[der to file fresh E.P. basing on tLre result in A.S. No.644 of 2011. Until then it i,s just and necessary to close the E.P. since it is 2O13 matter. Bg giuing liberty to the Decree Holder to file fresh D.P. basing on the rcsult in A.S. No.644 of 2011 and without prejudice to tLre rights of both parties and on administratiue side, this E.P. is closed at this stage. No costs are auarded at this stage.' In view of the aforesaid order, the E.P.No. 11 of 2013 was + closed on the ground that A.S.No.644 of 2Ol I was pending before this Court. The docket order impugned in the present revision pertained only to an adjournment, and in view of the subsequent event of closure of the E.P., this Court is of the opinion that no cause of action survives for the petitioner to pursue the present \ .,,/ To, I '.1 NNR, J cRP_7255_2018 Civil Revision Petition, granting liberty to the petitioner/Dhr to file a fresh E.P. based on the result of A.S.No.644 of 2011. In such circumstances, nothing sun ives for consideration in the present Civil Revision Petition, and the same deserves to be disposed of

The Principal District Judge, at Nalgonda 2. One CC to Sri K V Sudhakar , Advocate [OPUC] 3 Two CD Copies Sa/PSL +* HIGH COURT DATED:19/1212025 ORDER CRP.No.7255 ot 2018 1FIt ? C) DISPOSING OF THE CRP ,W