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High Court of Andhra Pradesh · body

2025 DAILYLAW 27281 (AP)

MALLIBOYINA NAGA LAKSHMI v. M. NAGARJUNA

CRP/1873/2025 · 2025-08-29

B S Bhanumathi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010385662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B.S.BHANUMATHI CIVIL REVISION PETITION NO: 1873 OF 2025 Petition filed under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to issue direction to the Junior Civil Judge, Pathikonda to dispose of lA. No.925 of 2018 in O.S. No.209 of 2018 expeditiously. Between: Malliboyina Naga Lakshmi, W/o.M.Siva Saran, aged about 35 R/o.1/28, M.Agraharam Village, Maddikera Mandal, Kurnool District. years. ...PETITIONER/PETITIONER/PLAINTIFF AND 1. M.Nagarjuna, S/o.Late M.Krishna, aged about 38 years, Agriculturist, R/o.M.Agraharam Village, Maddikera Mandal, Kurnool District, Andhra Pradesh. 2. M.Parvathaiah, S/o.M.Narayana, aged about 63 years. Agriculturist, R/o.M.Agraharam Village, Maddikera Mandal, Kurnool District, Andhra Pradesh. 3. M.Ramanjineyulu, S/o.M.Narayana, aged about 64 years, Agriculturist, R/o.M.Agraharam Village, Maddikera Mandal, Kurnool District, Andhra Pradesh. 4. M.Basappa, S/o.M.Narayana, aged about 60 years. Agriculturist, R/o.M.Agraharam Village, Maddikera Mandal, Kurnool District, Andhra Pradesh. 5. M.Pichaiah, S/o.M.Narayana, aged about 58 years. Agriculturist, R/o.M.Agraharam Village, Maddikera Mandal, Kurnool District, Andhra Pradesh. 6. M.Narendra, S/o.M.Narayana, aged about 57 years. Agriculturist, R/o.M.Agraharam Village, Maddikera Mandal, Kurnool District, Andhra Pradesh. ...RESPONDENTS/RESPONDENTS/DEFENDANTS lA NO: 1 OF 2025 Petition filed under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue direction to the Junior Civil Judge, Pattikonda to dispose of IA.925 of 2018 in O.S. No.209 of 2018 expeditiously pending disposal of the Civil Revision Petition. Counsel for the Petitioner MS.J.JYOTHI : MS.S.TEJASVI, REPRESENTING Counsel for the Respondents : -- The Court made the following ORDER : APHC010385662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I [3311] Vi Saturday, the Thirtieth day of August, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Civil Revision Petition No: 1873 of 2025 Between; ...Petitioner Malliboyina Naga Lakshmi and ...Respondents M.Nagarjuna and others Counsel for the petitioner: I.J.Jyothi Counsel for the respondents: The Court made the following: 2 C.R.P.No.1873 of 2025 ORDER: This revision petition is filed under Article 227 of the Constitution of India aggrieved by non-disposal of I.A.No.925 of 2018 in O.S.No.209 of 2018 on the file of the Court of Junior Civil Judge, Pathikonda, Kurnool District. On 12.08.2025, status report of the petition was called for from the trial Court through Registry of this Court. The report vide Dis.No.896 of 2025, dated 22.08.2025 was placed on record stating as follows: 02. “I herewith humbly submit that originally the Petition in I.A.No.925/2018 in O.S.No.209/2018 was taken on file on 04.10.2018 and posted for appearance of the Respondents to 12.10.2018. On 12.10.2018 theVespondents appeared before this Court through their counsel and the case posted to 11.03.2019 for filing of their counter as the bench was vacant. On 11.03.2019, counter of respondents/RI to R6 was filed and the petition was posted for enquiry by 15.4.2019. Since 15.04.2019, the matter was adjourned from time to time and on 13.12.2019, Petitioner side hearing is completed. Exhibits PI to PI3 were marked. For respondent hearing, case posted to 20.12.2019. From 20.12.2019, the matter was adjourned to 03.01.2020. On 03.01.2020, Respondent side hearing is completed. For further hearing, the petition was posted to 10.01.2020. Since then, the matter was adjourned from time to time. In view of circular orders of the Flon'ble Fligh Court of A.P. in ROC.192/SO/2020, dt. 26.03.2020, the case was adjourned to 29.09.2021, this Court after recording the reasons as ‘It appears that there is no urgency in this petition and on the other hand the main suit is coming for trial, this petition is closed.’ 3 C.R.P.No.l873of 2025 V On 17.08.2022, I.A.No.203/2021 was allowed for re-opening the petition and for enquiry, the petition was posted to 24.08.2022. On 23.12.2022, the petition was heard finally on behalf of both the counsels and posted to 02.01.2023 for orders. Since then, the petition was adjourned to 23.01.2023 as orders not made ready. On 23.01.2023 the petition was suo-moto re-opened for further hearing on legal aspects and was posted to 7.2.2023. Since then, the petition was adjourned from time to time and on 14.09.2023 Petition under Or. 6 R.17 was filed and the same was allowed on 29.09.2023 and matter posted to 12.10.2023 for carrying out amendments. On 12.10.2023, amendment was carried out and neat copy of the petition was filed and the petition was posted to 31.10.2023 for additional counter of respondents. On 04.12.2023, the respondent counsel reported no additional counter will be filed and the petition was posted for hearing by 21.12.2023. On 30.01.2024, hearing of both the counsels completed and the petition was posted for orders by 19.02.2024. Since then the matter was adjourned from time to time and on 21.03.2024, matter was re-opened suo moto for hearing on legal aspects and posted the matter to 08.04.2024. On 08.04.2024, the petition was posted to 15.7.2024. Since 15.07.2024, the matter was being adjourned from time to time. It is humbly further submitted that since 11.12.2024, the matter was being adjourned as bench was vacant and posted to 19.06.2025. It is further humbly submitted that I assumed charge on 2.5.2025 as Civil Judge (Junior Division), Pattikonda, Kurnool District. In this connection, I further submit that the present case was posted from 19.06.2025 to 24.07.2025. On 24.07.2025, Hearing of the petitioner was completed and petition was posted to 4 C.R.P.No.1873 of 2025 14.08.2025 for respondent side hearing finally. On 14.08.2025, respondent side requested time and the petition was posted as a last chance to 25.08.2025. Now the case stands posted to 25.08.2025 for respondent hearing finally.” The data in the e-court’s website shows that the interlocutory application was adjourned to 12.09.2025. 03. 04. As such, Ms.S.Tejasvi, learned counsel representing the learned counsel for the petitioner, submitted that the details of the status of the I.A.No.925 of 2018 clearly indicate that no serious attention had been given for disposal of the interlocutory application since the beginning, and that the petitioner had not been at fault. 05. Though it was mentioned in the status report that the matter had been adjourned to 25.08.2025 as a last chance for hearing the respondent, adjourning the matter to 12.09.2025 again from 25.08.2025 shows that the petitioner has a real grievance for non-disposal of the interlocutory application. 06. As such, the revision petition is allowed at the stage of admission and the trial Court is directed to complete the hearing of the petition in I.A.No.925 of 2018 in O.S.No.209^of 2018 on 12.09.2025 and dispose of the petition as early as possible, not beyond two (2) weeks therefrom. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- SK.MOHAMMED RAFI ASSISTANT RE^STRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge (Junior Division), Pattikonda, Kurnool District. 2. One CC to Ms.J.Jyothi, Advocate 3. The Section Officer, Amaravathi 4. Two CD Copies BSV TAC [OPUC] VR Section, High Court of Andhra Pradesh at ' ■* * 'f HIGH COURT DATED:30/08/2025 ORDER CRP NO. 1873 OF 2025 ALLOWING THE CIVIL REVISION PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS