The High Court disposed of a civil revision petition against a lower appellate order on stay of eviction from a tenancy dispute. It directed the lower court to dispose of the stay application immediately.
Direction to lower appellate court to dispose of stay application by 08-08-2016.
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The Hon’ble Sri Justice C.V.Nagarjuna Reddy
Civil Revision Petition No.3524 of 2016
Date: 05.08.2016
Between: Kattamuri Appa Rao and another .. Petitioners and Vemparala Suryanarayana Murthy .. Respondents Counsel for the petitioners : Mr.G.Gopala Krishna The Court made the following:
Order :
This Civil Revision Petition is filed against Order, dated 12-07-2016, in IA.No.1287 of 2016 in IA.No.895 of 2016 in ATA.No.2 of 2016 on the file of the Principal District Judge, Visakhapatnam.
I have heard Mr.G.Gopala Krishna, learned Counsel for the petitioners, and perused the record.
The respondent filed a Tenancy Application for eviction of the petitioners. By Order, dated 2403-2016, the Special Officer under the A.P.Tenancy (A.A) Act -cum- Principal Junior Civil Judge, Yelamanchili, ordered eviction of the petitioners. Feeling aggrieved by the said eviction order, the petitioners filed ATA.No.2 of 2016 in the Court of the Principal District Judge, Visakhapatnam. Along with the said appeal, the petitioners have also filed IA.No.895 of 2016 for stay of eviction of all further proceedings in pursuance of the eviction order. The lower appellate Court, while ordering notice, posted the IA to 08-08-2016. The petitioners have filed IA.No.1287 of 2016 for advancing the hearing of IA.No.895 of 2016, evidently, on the ground that the respondent has filed Execution Petition and that the same was ordered. The lower appellate Court, however, dismissed the said IA.
The necessity of examining the legality or otherwise of the order of the lower appellate Court is obviated for the reason that IA.No.895 of 2016
stood posted to 08-08-2016. The lower appellate Court is, therefore, directed to dispose of the said IA either on the said date or on any other shorter date so that the grievance of the petitioners stands redressed instead of rendering the IA infructuous by allowing the execution to take place even before an order on merits is passed therein.
Subject to the above observations and direction, the Civil Revision Petition is disposed of.
As a sequel to disposal of the Civil Revision Petition, CRPMP.No.4530 of 2016, filed by the petitioners for interim relief, is disposed of as infructuous.
______________________ (C.V.Nagarjuna Reddy, J)
Dt: 5th August, 2016 lur
1 issue framed by the court
Whether the lower appellate court is directed to expedite disposal of the stay application to prevent infructuous execution of eviction.
2 provisions across 2 enactments
Kattamuri Appa Rao and another
Vemparala Suryanarayana Murthy
C. V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
