The court dismissed the civil revision petition against the lower appellate court's order suspending a decree. The court directed the appellate court to dispose of the pending appeal within four months and listed the interim application as infructuous.
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HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.2471 of 2013 Date : 19-6-2014
Between : Gunduboina Sujatha .. Petitioner And Kavuri Veeraswamy Reddy and others .. Respondents
Counsel for petitioner : Sri Naga Praveen Venkayalapati Counsel for respondents : Sri Srinu Bapu Naidu
The Court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 30-4-2013 in I.A.No.637/2013 in A.S.No.11/2013 on the file of the learned Senior Civil Judge, Chirala.
The petitioner filed the above mentioned suit for permanent injunction restraining the respondents from interfering with her possession of the suit schedule property. By Judgment and decree dated 25-3-2012 the trial Court has decreed the suit. Feeling aggrieved by the said Judgment and decree, the respondents have filed A.S.No.11/2013. Along with the appeal, they have filed I.A.No.637/2013 for suspension of operation of the Judgment and decree of the trial Court. The lower appellate Court by its order dated 30-4-2013 allowed the said I.A.
As rightly submitted by Sri Naga Praveen Venkayalapati, the learned counsel for the petitioner, a perusal of the order of the lower appellate Court shows that it has failed to give proper reasons for suspending the decree. However, the fact remains that the decree is the subject matter of the appeal and the lower appellate Court has exercised its discretion by suspending the decree. In this view of the matter, I am not inclined to interfere with the discretion exercised by the lower appellate Court. However, having regard to the urgency pleaded by the learned counsel for the petitioner, the lower appellate Court is directed to dispose of the appeal within a period of four
months from the date of receipt of this order.
Subject to the above direction, the Civil Revision Petition is dismissed.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.3249/2013 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy
Date : 19-6-2014
AM
Gunduboina Sujatha
Kavuri Veeraswamy Reddy
C.V. Nagarjuna Reddy
As recorded by the court registry
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