The District Collector v. M. Lakshmi Narasa Reddy(died) per Lr Rr 2 to 4
Case brief
What is this about?
Dismissal of State appeal for want of prosecution after repeated adjournments; judicial criticism of adjournment practice in older State matters pending argument by the Special Government Pleader. Keywords: First Appeal No.2385 of 2004 / A.S. No.2385 of 2004; Section 96 CPC appeal by State of Andhra Pradesh / District Collector, Nellore; recovery decree in O.S.No.92 of 1992, Additional Senior Civil Judge, Nellore, dated 19.12.2003; execution E.P.No.89 of 2004; interim stay in A.S.M.P.No.173 of 2005 granted 10.02.2005 and vacated; Section 151 CPC stay petition; counsel T. Vishnu Teja; Assistant Government Pleader / Special Government Pleader adjournments; claimants Maram Reddy family (LRs R.R.2-4); no order as to costs; miscellaneous petitions closed. No precedent cited or discussed; no monetary quantum stated; no adjudication on the merits of the recovery decree.
What did the court decide?
This Court observed that in cases filed by the State, even in older matters, repeated adjournments had been sought on similar grounds (such as the opportunity for the Special Government Pleader to argue the case), and that due to these repeated adjournments the cases had not been argued effectively; further indulgence was accordingly refused.