This order directs the Court below to dispose of pending petitions regarding impleadment and the present interim application expeditiously, preferably within two months, due to delay in the partition suit proceedings.
Direction to the Court below to dispose of pending petitions within two months.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
CIVIL REVISION PETITION No.2061 OF 2012
ORDER:
Challenging the docket order dated 26.7.2011 passed in I.A.No.437 of 2010 in O.S.No.7 of 1988 by the Senior Civil Judge, Miryalaguda, the present revision is filed by the petitioner-defendant.
Originally, the 1st respondent-plaintiff filed the above I.A. under Order 20 Rule 18 and Order 26 Rule 13 CPC seeking to pass a final decree in respect of the petition schedule properties in accordance with the partition that will be effected by the advocate-commissioner and approved by the Court. Since the petitions filed by respondents 14 and 15, for reopening the matter and impleadment, are pending, the Court below posted the matter to 30.8.2011.
It is the case of the petitioner that since 30.8.2011, no orders were passed and the matter went upto the Apex Court and only to drag on the matter, the 1st respondent colluded with respondents 14 and 15 and made them as parties and therefore, a direction may be given to the Court below to dispose of the matters.
Heard the learned Counsel for the petitioner and perused the material available on record.
In view of the limited grievance of the petitioner seeking a direction to the Court below to dispose of the matters and in the facts and circumstances of the case and the nature of the proceedings, this Court feels it just and proper to direct the Court below to dispose of the matter.
Accordingly, the Court below is directed to dispose of the petitions filed by respondents 14 and 15 as well as the present I.A.No.437 of 2010 as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.
With the above direction, the Civil Revision Petition is disposed of. No order as to costs. Consequently, miscellaneous petitions pending, if any, are also closed.
____________________ JUSTICE RAJA ELANGO
Dated: 25.4.2012 Nn
HON’BLE SRI JUSTICE RAJA ELANGO
CIVIL REVISION PETITION No.2061 OF 2012
Nn.
25.4.2012
2 issues framed by the court
Whether the Court below is directed to dispose of pending petitions expeditiously.
Whether the lower court should pass a final decree and decide the petition schedule properties.
Petitioner-defendant
1st Respondent
14th Respondent
15th Respondent
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
