Revision allowed under Article 226. The Bench directed the trial court to expedite the disposal of a specific performance suit involving a 77-year-old witness to facilitate early examination and final resolution, finding the claim of urgency sufficient.
The Civil Revision Petition was disposed of by directing the Court below to expedite the disposal of the suit.
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THE HON’BLE SRI JUSTICE V.ESWARAIAH
C.R.P.No.5503 of 2009
O R D E R:
This Civil Revision Petition is filed by the petitioner/defendant No.2 aggrieved by the action of the Additional Junior Civil Judge, Tirupati, Chittoor District, in not disposing of O.S.No.134 of 2002.
The petitioner herein is defendant No.2 in the suit O.S.No.134 of 2002 filed by the first respondent herein on the file of the Principal Senior Civil Judge, Tirupati. Second respondent herein is the mother of the petitioner as well as the first respondent herein. Defendant Nos.1 and 2 in the suit are the mother and sister of the plaintiff. The said suit was filed for specific performance of the alleged sale letter dated 02.03.2001 and for execution of the sale deed with regard to the plaint schedule property. The said suit was contested and it is stated that the first defendant therein mother of the plaintiff was 77 years old and she has filed a written statement denying all the allegations and about the execution of the sale letter and therefore the first defendant desired to examine her mother in her advanced age and therefore the present Civil Revision Petition is filed under Article 227 of the Constitution of India for early disposal of the suit.
This Court while issuing notice before admission on 30.12.2009 observed that insofar as grievance of the petitioner with regard to the examination of the first defendant is concerned, it is open to file an appropriate application under Order 18 Rule 16 CPC before the trial Court and on satisfaction of the urgency involved, it is for the trial Court to pass appropriate orders, where the witness has shown sufficient cause satisfying the Court that the evidence of the said witness should be taken
immediately, the Court may entertain the application of any party or witness and take the evidence of such witness. It is stated that the first defendant already filed an application and her evidence was recorded. Therefore, the only grievance that remains is about the expeditious disposal of the suit.
Accordingly, the Civil Revision Petition is disposed of directing the Court below to expedite the disposal of the suit. No costs.
_______________ V.ESWARAIAH,J
18th June, 2010
PNV
1 issue framed by the court
Whether to direct the trial court to expedite disposal of the suit for early examination of an elderly witness.
1 provisions across 1 enactments
Defendant No.2
Plaintiff
First Defendant
V.ESWARAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
