THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION Nos. 1197 AND 1236 OF 2014 Dated:01-08-2014
Between:
Deccan Infrastructure and Land Holdings Limited, Gruhakalpa, Nampally, Hyderabad, rep., by its Chief Executive Officer ... PETITIONER AND Guda Rajeev and another .. RESPONDENTS THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION Nos. 1197 AND 1236 OF 2014 COMMON ORDER:
The respondents filed O.S No. 103 of 2013 in the Court of II Additional Chief Judge, City Civil Court, Hyderabad for the relief of injunction in respect of the suit schedule properties. The petitioner filed written statement and is opposing the suit. The trial of the suit commenced and PW 1 was cross examined partly. The suit was posted on 04-04-2014 for further cross examination. The petitioner states that its entire staff was put up on urgent duty to separate the files in the context of bifurcation of the State and PW 1 could not be cross examined. Therefore I.A No. 839 of 2014 was filed Under Order XVII Rule 1 CPC, with a prayer for adjournment. That application was dismissed. On the next date of hearing i.e., on 16-04-2014, the trial Court forfeited the right of the petitioner to cross examine PW 1. These two revisions are filed against two orders referred to hereinabove.
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
The suit was filed as recently as in the year 2013. Though it is desirable to dispose of the suit at the earliest, the trial Court ought to have been a bit accommodative in acceding to reasonable request. It is not even mentioned that the petitioner was habitually taking adjournments.
The revisions are accordingly allowed. I.A No. 839 of 2014 shall stand allowed and the order dated 16-04-2014 is set aside. The petitioner shall be entitled to cross examine PW 1 and other witnesses.
The miscellaneous petitions filed in these revisions shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 01-08-2014 ks