HONOURABLE SRI JUSTICE P. NAVEEN RAO CIVIL REVISION PETITION No.1648 OF 2014 Date: 18.7.2014 Between :
Kethireddy Laxma Reddy S/o Ram Reddy Rekonda village, Chigurumaidi mandal Karimnagar district and others … Petitioner and Muppidi Madhusudan Reddy S/o Venkat Reddy R/o Parlapally village, Thimmapoor mandal Karimnagar district … Respondent The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO CIVIL REVISION PETITION No.1648 OF 2014 ORDER:
By order dated 7.2.2014, the learned Junior Civil Judge, Husnabad in I.A.No. 345 of 2008 in O.S No. 85 of 2007 allowed the application filed under Order XXXIX Rule 2-A of Civil Procedure Code to detain the respondents- defendants in civil prison for disobedience of the orders granted in I A No. 336 of 2007 dated 6.12.2007 and passed the following order.
“In the result, this petition is allowed, the respondents No.1 to 3 are found guilty for disobedience of order of this Court passed on 6.12.2007 and respondents No.1 to 3 are ordered to be detained in the Civil Prison for a term of one month. Accordingly, issue warrant on payment of subsistence allowance.”
Aggrieved thereby, defendants filed appeal being C.M.A.No.3 of 2014 on the file of the Senior Civil Judge, Huzurabad. Along with the appeal, the defendants filed I.A No. 145 of 2014 seeking stay of the orders dated 7.2.2014 in I A No. 345 of 2008 in O.S. No. 85 of 2007. Since no orders are passed in the said interlocutory application, this revision is filed. Defendants are revision petitioners herein.
This Court by order dated 13.6.2014 granted interim stay of the order dated 7.2.2014.
Learned counsel for petitioners submitted that the only apprehension of the petitioners is that since no stay is granted by the learned Senior Civil Judge, Huzurabad and appeal is being adjourned from time to time, if the stay is vacated, the orders passed in I A No. 345 of 2008 dated 7.2.2014 would cause irreparable loss and hardship to the petitioners.
Learned counsel appearing for the sole respondent herein submits that counter affidavit is filed in C.M.A No. 3 of 2014 and the matter is coming up for arguments and only on the ground that the present revision is pending before this Court, the appeal is being adjourned from time to time.
Concern of the learned counsel for respondent is that there shall be an early disposal of C.M.A No. 3 of 2014 on the file of the Senior Civil Judge, Huzurabad.
Having regard to the submissions made, the revision petition is disposed of directing the Senior Civil Judge, Huzurabad to consider and dispose of I.A.No. 145 of 2014 in C.M.A.No.3 of 2014 expeditiously, preferably within a period of six weeks from the date of receipt of copy of this order. Both the parties shall cooperate for early disposal. Till the disposal of I.A. No. 145 of 2014, the interim orders granted by this Court dated 13.6.2014 shall continue. No costs.
Sequel to the disposal of the revision, miscellaneous petitions, if any stand dismissed.
DATE:18.7.2014 TVK 116 P NAVEEN RAO,J HONOURABLE SRI JUSTICE P. NAVEEN RAO CIVIL REVISION PETITION No.1648 OF 2014 Date: 18.7.2014