A civil revision petition seeking a stay on proceedings against a judgment debtor was dismissed for lack of inclination to entertain, noting the debtor's lost cases and failure to expedite restoration.
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THE HON’BLE SRI JUSTICE SURESH KUMAR KAIT
CIVIL REVISION PETITION No. 2562 of 2016
ORDER:
Vide the present petition, the petitioner seeks direction to stay the proceeding including operation and execution of decree and judgment in O.S.No.6 of 1989 dated 28.04.1995 passed by the Court below in E.P.No.177 of 2015 in O.S.No.6 of 1989 on the file of Additional Senior Civil Judge, Tenali, Guntur.
2. The petitioner is a judgment debtor. The respondent filed suit for eviction and the suit was decreed on 28.04.1995. Being aggrieved, the petitioner filed A.S.No.709 of 1995 before this Court and the same was dismissed on 13.03.2002. Thereafter, the petitioner, again being aggrieved, filed L.P.A.No.98 of 2002 before this Court. This Court initially granted stay on 25.04.2002 and the vacate petition filed to vacate the stay was dismissed on 02.07.2002. The L.P.A. came up for hearing on 03.11.2015 and none appeared on behalf of the appellant, the L.P.A. was dismissed for nonprosecution. The petitioner thereafter filed a restoration petition in the month of January, 2016 which is pending for adjudication.
3. It is admitted case that the petitioner till date has lost his case in every Court. The petitioner did not take steps
to get the restoration petition expedited, however, moved the present petition, when the execution petition is coming on 07.06.2016. Keeping in view the above, I am not inclined to entertain this revision petition.
4. Accordingly, the civil revision petition is dismissed. No costs. Miscellaneous petitions, if any pending, shall stand closed.
________________________ SURESH KUMAR KAIT, J
06th June, 2016 ksm
THE HON’BLE SRI JUSTICE SURESH KUMAR KAIT
CIVIL REVISION PETITION No. 2562 OF 2016
06th June, 2016
ksm
Petitioner
Respondent
SURESH KUMAR KAIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
