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2025 DAILYLAW 36111 (AP)

BOGGULA SUBBA RAO v. JAMNGAM UMA MAHESWARAIAH

CRP/3252/2024 · 2025-01-02

K Manmadha Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010588072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO CIVIL REVISION PETITION NO: 3252/2024 Between: Boggula Subba Rao ...PETITIONER AND Jamngam Uma Maheswaraiah and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PATHI SIVA PRASAD Counsel for the Respondent(S): 1. The Court made the following: ORDER The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking for a direction to the learned Principal Junior Civil Judge, Kurnool for speedy disposal of O.S.No.741 of 2021. 2. Heard Mr Pathi Siva Prasad, learned counsel for the petitioner. As issuing notices to the respondents is not necessary in this matter, notices 2 to the respondents are hereby dispensed with. Perused the material on record. 3. On hearing, learned counsel for the petitioner submits that the learned Principal Junior Civil Judge, Kurnool ought to have dispose of the Suit filed for permanent injunction taking into consideration the “Urgency” and the circumstances as narrated by the petitioner. Though the petitioner is regularly attending the matter, the trial Court is adjourning the matter only on the basis that the parties are not ready. He further submits that the petitioner and the 2nd defendant are raising crop in the suit property, but due to pendency of the present suit they have not performed any agricultural works properly. He further draws attention of this Court to the guidelines issued by the Hon’ble Apex Court, directing the Courts below to identify and dispose of cases on priority basis in which persons above 65 years of age are involved. These include long pending cases of Senior Citizens, Pensioners and retired Government servants on a priority basis. In the instant case, the petitioner is 73 years old suffering with 4th stage of cancer and as there is acute urgency involved for disposal of the suit, keeping the suit pending may deprive him from enjoying the fruits of the decree and hence, the learned counsel requests this Court to issue an appropriate direction to the learned Principal Junior Civil Judge, Kurnool for speedy disposal of the suit. 4. Considering the submissions of the learned counsel for the petitioner and taking into consideration the age of the petitioner, the learned Principal Junior Civil Judge, Kurnool is directed to dispose of O.S.No.741 of 3 2021, as expeditiously as possible, preferably within a period of Eight (08) months from the date of receipt of a copy of this order. 5. With the above directions, this Civil Revision Petition is disposed of at the stage of admission. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 02.01.2025 TM