Dismissed

Yerramsetty Lakshminatha Rao, v. Chanamalla Sanyasamma , Chantamma (died)

Telangana HC12 Jun 2012CRP/2321/2012

Case brief

AI extract

What is this about?

The High Court dismissed the civil revision petition challenging an order staying a judgment and decree. The Court found the lower court was right to allow the stay due to possession issues but directed disposal of the underlying appeal within six months.

What did the court decide?

Civil revision petition dismissed; appeal directed to be disposed within six months.

Yerramsetty Lakshminatha Rao, Vs Chanamalla… — Civil Procedure and Limitation | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION No.2321 of 2012

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ORDER:

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This Civil Revision Petition is filed challenging the order dated 29.08.2011 passed by the Judge, Family Court-cum-Additional Sessions Judge, Vizianagaram, in I.A.No.1580 of 2010 in A.S.No.78 of 2010.

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The respondents/appellants, who filed the appeal against the judgment and decree dated 03.11.2006 passed by the Principal Junior Civil Judge, Vizianagaram, in O.S.No.360 of 2001, filed the above Interlocutory Application seeking stay of operation of the said judgment and decree, pending disposal of the appeal. The petitioner herein contested the Interlocutory Application by filing counter-affidavit denying the petition averments. The Court below, after hearing the learned counsel for both parties, held that the respondents herein are in possession of the plaint A schedule properties and if stay is not granted, they will be put to irreparable loss and hardship, and accordingly allowed the Interlocutory Application staying the operation of the judgment and decree dated 03.11.2006 passed in the suit. Hence, this revision.

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Heard the learned counsel for the petitioner and perused the record.

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A perusal of the material available on record discloses that the respondents herein are in possession of the plaint A schedule properties. In view of the same, this Court is of the view that the Court below rightly allowed the Interlocutory Application and there is nothing to interfere with the impugned order. However, having regard to the facts and circumstances of the case, the Judge, Family Court-cumAdditional Sessions Judge, Vizianagaram is directed to dispose of the appeal, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. With the above direction, the Civil Revision Petition is disposed

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of. Consequently, the Miscellaneous Petitions filed in this revision, if any, shall stand closed. There shall be no order as to costs.

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_________________________ JUSTICE RAJA ELANGO Dated: 12.06.2012 va

Yerramsetty Lakshminatha Rao, v. Chanamalla Sanyasamma , Chantamma (died)

Case brief

What is this about?

What did the court decide?

Yerramsetty Lakshminatha Rao, v. Chanamalla Sanyasamma , Chantamma (died)

Case brief

What is this about?

What did the court decide?

What the court decided

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