Andhra Pradesh High Court - Amravati
Chawan Takur Meena Kumari vs Basireddy Venkata Subbamma on 13 September, 2023
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.2239 of 2023
ORAL ORDER:
Heard the learned counsel for the petitioner. As the prayer made in this civil revision petition is an innocuous one and no adverse order is being passed against the respondent, this Court is of the opinion that it is not necessary to put the respondent on notice.
2. The petitioner herein, who is respondent in C.M.A.No.5 of 2017 on the file of the learned II Additional District Judge, Kadapa, at Proddatur, prays for a direction for expeditious disposal of the said C.M.A.
3. The petitioner herein filed O.S.No.467 of 2015 on the file of the learned Senior Civil Judge, Proddatur, for partition, against the respondent herein. Along with the suit, she filed I.A.No.113 of 2017 seeking temporary injunction restraining the defendant from in any way altering, changing or raising structures over the petition schedule property pending disposal of the suit. The trial Court, by order dated 27.02.2017, allowed the said petition granting temporary injunction as prayed for. Aggrieved thereby, the respondent/defendant filed a civil miscellaneous appeal in C.M.A.No.5 of 2017 on the file of the learned II Additional District Judge, Kadapa, at Proddatur. Though the said C.M.A. has been pending since 2017, the same is not being taken up for disposal and in view of pendency of the same, the proceedings 2 in the suit are getting delayed is the grievance of the petitioner in the present civil revision petition.
4. Considering the facts and circumstances of the case and since the C.M.A. has been pending since 2017, this Court deems it appropriate to direct the learned II Additional District Judge, Kadapa, at Proddatur, to dispose of C.M.A.No.5 of 2017 on its own merits and in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.
5. With the above direction, this civil revision petition is disposed of at the stage of admission. No costs. Pending miscellaneous applications, if any, shall stand closed.
____________________________ K. SURESH REDDY, J Dt: 13.09.2023 IBL 3 HON'BLE SRI JUSTICE K. SURESH REDDY CIVIL REVISION PETITION No.2239 of 2023 Dt: 13.09.2023 IBL