Andhra Pradesh High Court - Amravati
Sri Yogananda Ashramam vs Shaik Reddygudem Gouse Mohiddin on 22 November, 2022
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL REVISION PETITION No.2379 OF 2022
Between:
M/s. Sri Yogananda Ashramam, (a private Trust Board),
Situated at Markapuram Road, Vinukonda,
Guntur District. Rep. its President Sri Chevuri
Radha Krishna, Aged about 69 years,
Occ: Retd. Chief Engineer,
Now residing in Petitioner Ashramam,
Andhra Pradesh.
...Petitioner/Decree Holder
And
1. Shaik Reddygudem Gouse Mohiddin,
S/o. Nanne Saheb, Aged 62 years,
Occ: Business, R/o. Mundlamuru bus stand,
Vinukonda District, A.P.522647.
2. Kota Venkateswarlu,
S/o. Venkateswarlu, 55 years,
R/o. Door No. 31-1246,
Matha Mahalakshmi Complex,
Yogananda Ashramam, Markapuram Road,
Vinukonda District, A.P. 522647.
... Respondents/Judgment Debtors.
Counsel for the petitioner : Sri Srinivas Basava.
Counsel for respondents : ---
ORDER:
1. The Civil Revision Petition is filed by the petitioner/Decree holder under Article 227 of the Constitution of India, seeking expeditious disposal of E.P.No.59 of 2020 in O.S.No. 36 of 2013 on the file of Junior Civil Judge, Vinukonda. 2
2. The Decree holder being the plaintiff filed the suit in O.S.36 of 2013 against the respondent/defendant seeking ejectment and recovery of possession of the suit schedule property; to direct the defendant to remove the super structure lying on the suit schedule property and hand over vacant possession of the plaintiff and in case the defendant fails to obey the Court directions, damages for use and occupation of the plaint schedule property. On contest, the suit was decreed on 10.04.2019.
3. Against the decree and judgment in O.S.No.36 of 2013, the defendant filed A.S.No.55 of 2019 on the file of XIII Additional District and Sessions Judge, Narasaraopeta. By its decree and judgment dated 21.02.2022, the Appellate Court dismissed the Appeal.
4. Decree holder filed E.P. 59 of 2020 under order XXI Rule 35 of the Code of Civil Procedure, 1908.
5. Counsel for the Petitioner/Decree holder would contend that though the second appeal was filed against the judgment and decree neither was the appeal admitted nor stay was granted. On the request made by the judgment debtors E.P. is been adjourned from time to time. On 29.08.2022 Executing 3 Court directed J.Dr either to argue the E.P. or to file copy of the stay.
6. Docket proceedings of the said E.P. dated 29.08.2022 reads as follows:
"Heard the respondent in part. Respondent counsel reported that the 2nd appeal is pending before the Honourable High Court of AP and sought time to file stay order in this EP. The petitioner reported there is urgency in the matter. Hence the respondent is directed to file stay order copy in next adjournment or argue the matter finally otherwise next step follows. Call on 19.09.2022."
7. On 19.09.2022, the matter was adjourned since the Presiding Officer is on medical leave.
8. Grievance of the petitioner is that Execution Petition filed, pursuant to the decree, is being procrastinated. Suit was filed in the year 2013 and even after decree in the year 2019 decree holder is yet to receive the fruits of the decree.
9. Delay in disposal is a matter of serious concern and expeditious disposal of case is a fundamental right guaranteed under Article 21 of the Constitution of India. When the Court below failed to perform its obligation, this Court while exercising power under Article 227 of the Constitution of India can issue such direction to dispose of such application as expeditiously as possible.
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10. Considering the facts and circumstances of the case as well as the contentions of learned counsel for the Revision petitioner, since there was no stay in the second appeal, the learned Junior Civil Judge, Vinukonda is directed to dispose of E.P.No.59 of 2020 within four weeks from receipt of copy of the order.
11. Accordingly, the Civil Revision Petition is disposed of. As a sequel, all the pending miscellaneous applications shall stand closed.
________________________________ JUSTICE SUBBAREDDY SATTI.
Date: 22.11.2022 Note: CC by 24.11.2022.
B/o.
Mnr.
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THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION No.2379 OF 2022 Date: 22.11.2022 Mnr.