This bench directed the Senior Civil Judge's Court to dispose of O.S.Nos. 25 of 2006 within three months, improving upon a previous six-month mandate, after dismissing a stay prayer filed by the petitioner.
The trial court is advised to dispose of O.S. No. 25 of 2006 within three months from the date of receipt of the order.
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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
CIVIL REVISION PETITION No.5598 OF 2015
ORDER:
Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the material on record.
2. The present Civil Revision Petition came to be filed under Article 227 of the Constitution of India questioning the Order, dated 27.10.2015 in I.A.No.287 of 2013 in O.S.No.25 of 2006 on the file of the Senior Civil Judge’s Court, Manthani, Karimnagar District, wherein an application filed under Section 94(e) read with 151 of the Code of Civil Procedure, 1907 (for short, ‘CPC’) seeking a direction to the respondents not to make any construction in the suit schedule properties was dismissed.
3. Though various grounds are raised in the revision petition, learned counsel for the petitioner restricts his claim seeking a direction to the Court below to dispose of the original suit at the earliest.
4. A perusal of the material on record discloses that in Civil Revision Petition No.66 of 2007 this Court by its order, dated 14.12.2010 directed the Court below to dispose of the suit within a period of six (06) months from the date of receipt of the copy of the said order. The record also discloses filing of I.A.No.287 of 2013 by the petitioner, which was disposed of in the month of October, 2015.
5. Having regard to the circumstances stated above and since no applications are pending before the trial Court, the trial Court is
advised to dispose of the suit vide O.S.No.25 of 2006 at the earliest, preferably within a period of three (03) months from the date of receipt of a copy of this order.
6. Accordingly, the Civil Revision Petition is disposed of. Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. There shall be no order as to costs.
_______________________ JUSTICE C. PRAVEEN KUMAR
Date:31.12.2015 INL
1 issue framed by the court
Whether the trial court is directed to dispose of the pending original suit at the earliest to prevent further delay.
2 provisions across 2 enactments
Petitioner
Respondents
C. PRAVEEN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
