THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 3827 OF 2014 Dated:20-10-2014 Between:
Ravinder Kumar Ritesh Kumar
... PETITIONERS
AND
Shrawan Badruka and another
.. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3827 OF 2014 ORDER:
The respondents filed O.S No. 1839 of 2010 in the Court of III Junior Civil Judge, City Civil Court, Hyderabad against the petitioner for eviction from the suit schedule property and for recovery of damages. The suit was decreed partly on 28-07-2014 directing the petitioner to deliver vacant possession of the premises within two months from the date of decree. Aggrieved by that, the petitioner filed A.S No. 288 of 2014 in the Court of XXIV Additional Chief Judge, City Civil Court, Hyderabad. He has also filed I.A No.1126 of 2014 for stay of execution of the decree. The lower appellate Court ordered notice to the respondents and the respondents are not only served with notice but also entered appearance and filed counter affidavit. The grievance of the petitioner is that without passing any orders, the lower appellate Court has posted the matter to 30-10-2014 for orders and that in the meanwhile, there is a threat of execution of the decree.
Heard the learned counsel for the petitioner and the learned counsel for the respondents who is incidentally present in the Court.
This Court does not at all appreciate the manner in which the lower appellate Court conducted the proceedings in the I.A. Whatever may have been the justification in ordering notice and waiting for the counter of the respondents, once they filed a counter and addressed the arguments, it ought not to have been kept pending. The very purpose of filing the I.A is defeated.
Hence, the C.R.P is disposed of directing that
(a) the lower appellate Court shall positively pass orders in the I.A on 30-10-2014 and
(b) irrespective of the result in the I.A, the decree shall not be executed till 15-11-2014.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
17-10-2014
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