Dismissed

S. Gunasekhar v. K.M.Umadevi

Andhra Pradesh HC9 Sept 2024CRP/641/2018

Case brief

AI extract

What is this about?

This revision against a dismissed civil suit was held infructuous. The court directed District Courts to submit periodic status of pending revisions and imposed Rs. 10,000 costs on the petitioner for non-disclosure of the suit's default dismissal.

What did the court decide?

Costs of Rs. 10,000 imposed on the petitioner; Registry directed to obtain biannual status reports from Districts.

S. Gunasekhar Vs K.M.Umadevi — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

¶1

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

¶2

C.R.P.No.641 of 2018

¶3

O R D E R:

¶4

The present revision is filed against the order dated 30.06.2017 in I.A.No.64 of 2015 in O.S.No.22 of 2014 passed by the IX Additional District Judge, Chittoor.

¶5

As per e-courts, the suit was dismissed for default on 02.11.2022. However, the unfortunate part is that the case was listed on 13.02.2023, 20.02.2023, 27.02.2023, 27.03.2023, 24.04.2023, 08.05.2023, 02.08.2024, 03.09.2024 and today i.e. 10.09.2024.

¶6

All these adjournments were on account of the fact that the

¶7

Court was not informed of the status of the suit in the trial Court. This lack of information to this Court is cause for the eight (8) adjournments referred above. This is a matter of concern and this Court is of the opinion that there should be consistent and

¶8

¶9

dynamic inputs from the District judiciary with regard to the cases filed in this Court against interlocutory orders, so that this Court is aware of the status of the suit/execution proceedings/other proceedings in the District Courts rather than passing orders without being aware of the critical information. The blind spot adjudications should be avoided.

¶10

In the opinion of this Court, an authentic statement from each District be called for, at least twice a year with a time gap of six (6) months i.e. 1^st of January and 1^st of July of every year with regard to status of suits/execution proceedings/other proceedings in which civil revision petitions were filed before this Court under Section 115 C.P.C. or under Article 227 of the Constitution of India. This is an absolute requirement as this would help the Courts in focusing its limited time on live cases. The Registry is directed to take necessary steps in this regard forthwith and issue instructions to the concerned in District Judiciary to submit details as indicated above.

¶11

¶12

Coming back to the facts of this case, as the suit itself is dismissed on 02.11.2022, the civil revision petition is dismissed as infructuous. Even though the case is dismissed as infructuous, costs of Rs.10,000/- are imposed on the petitioner for failing to inform the Court about the dismissal of the suit in November, 2022. As a sequel, the miscellaneous petitions, if any, shall stand closed.

¶13

__________________ NYAPATHY VIJAY, J

¶14

Date: 10.09.2024 KLP

S. Gunasekhar v. K.M.Umadevi

Case brief

What is this about?

What did the court decide?

S. Gunasekhar v. K.M.Umadevi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S Rahamathulla Waseem Vs G Saleem Basha

M S Rao, Krishna Dist Vs P Yesuratnam, Krishna Dist and 101 Others

Sugasai Lakshmi Katham, E.G.Dist Vs Sangana Veera Raghavulu, Kkd, E.G.Dist amp 3 Others

Koppisetty Govindarajulu Vs Chilukuri Subba Lakshmi

Sri Sitarama Swamy Temple Vs Bodduluri Mangamma and Another

Adireddy Ramakrishna Vs Malla Appalanaidu