This civil revision petition under Article 227 sought directions for expeditious disposal of a 15-year-old partition suit. The High Court, finding trial completed, directed disposal within three months.
Directions issued to the Court below to dispose of O.S.No.457 of 1997 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWELVE
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
CIVIL REVISION PETITION No.4968 of 2012
BETWEEN
L. Umapathi and another.
... PETITIONERS
AND
Lingala Prabhulingam and 35 others.
...RESPONDENTS
Counsel for the Petitioners: MR. V. RAJAGOPAL REDDY
Counsel for the Respondents: --NONE APPEARED-The Court made the following:
ORDER:
Petitioners/defendants 1 and 3 have filed this revision petition under Article 227 of the Constitution of India and the only relief sought for is expeditious disposal of the partition suit O.S.No.457 of 1997, which is pending before the I Additional Senior Civil Judge, Ranga Reddy District.
2. Mr. V. Rajagopal Reddy, learned counsel for the petitioners, submits that the said suit is pending for the last 15 years and in spite of there being hardly any controversy; the suit is not adjudicated upon. It is stated that the petitioners, who are defendants 1 and 3,
are presently aged 85 years and 82 years respectively and keeping in view their highly advanced age, he seeks that under power of superintendence appropriate directions be issued to the Court below to consider disposal of the suit expeditiously.
3. In view of the said limited prayer, it is not necessary to issue notice to the respondents.
4. Learned counsel for the petitioners states that there is no impediment for giving directions, as above, as the trial has already completed.
In view of that, the civil revision petition is disposed of directing the Court below i.e. I Additional Senior Civil Judge, Ranga Reddy District to take up O.S.No.457 of 1997 and dispose of the same,
as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_____________________ VILAS V. AFZULPURKAR, J
October 30, 2012 DSK
1 issue framed by the court
Whether directions should be issued to the trial court for expeditious disposal of a petitioners partition suit pending for 15 years.
2 provisions across 1 enactments
L. Umapathi and another
Lingala Prabhulingam and 35 others
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
