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High Court of Andhra Pradesh · body

2025 DAILYLAW 5376 (AP)

Y.Vivekananda Swamy, v. Guthula Tulasi Giri,

CRP/673/2025 · 2025-04-04

K Manmadha Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO CIVIL REVISION PETITION NO: 673 OF 2n2fi Petition under Article 227 of the Constitution of India direct the Hon'ble 1st civil (Senior Division) Judge, Tanuku to dispose of O.S.No.85/2009 within 3 months from the date of receipt of this Hon'ble Court Order by exercising supervisory powers vested Under Article the Constitution of India and Consequently direct the Division) Judge, Tanuku to permit the Petitioner to video conferencing. pleased to 227 of 1®' Civil (Senior appear through Online Between: 1. Y.Vivekananda Swamy, S/o. Y. Srinivasa Rao, Age 73 Yrs 2. Y.V.V.K.Visalakshi W/o. Y.Vivekananda Swamy, Age 64 Yrs, Petitioners 1 and 2 are R/o. H.No.1-7-131/31 Flat No. 204, Anitha Apts, Harinagar, Musheerabad, Hyderabad, Telangana. 3. Sri, Y.V.V.V.S.Jwala, S/o. Y.Vivekananda Swamy, Age Gandhi Nagar, Hyderabad, Telangana. 42 yrs, R/o. ...Petitioner/Defendants AND 1. Guthula Tulasi Giri, S/o. Late. G. Occ Retired Constable, 2. Guthula Surya Prabha, W/o. Tirumala Giri, Age 57 Years Bulli Swamy, Aged about 59 years <« Respts 1 and 2 are R/o. D.No.7-5-94, H, M, Pandurangapuram Visakhapatnam,A.P. ... Respondents/Plaintiffs 3. Late. Guthula Lakshmi Devi, W/o. Late. G. Bulli Swamy Aged about 103 Yrs, R/o. H.No.1-7-131/31, Flat No. 204, Anitha Apts, Harinagar, Musheerabad, Hyderabad, Telangana. ...Respondent/Defendant lA NO: 1 OF 2025 Petition 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 direct the 1®* Civil Judge (Senior Division), Tanuku to permit the Petitioner to argue his own case in the absence of his counsel pending disposal of the main Revision Petition. Counsel for the Petitioners: SRI KRISHNA MOHAN SIKHARAM Counsel for the Respondents: - The Court made the following: 1 > APHC010044852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY JHE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO CIVIL REVISION PETITION NO: 673/2025 Between: Y.vivekananda Swamy, and Others ...PETITIONER(S) AND Guthula Tulasi Girl and Others ...RESPONDENT(S) Counsel for the Petitioner{S): 1.KRISHNA MOHAN SIKHARAM 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 Senior Civil Judge, Tanuku for speedy disposal of O.S.No.85 of 2009. Heard Mr Krishna Mohan Sikharam, learned counsel for the 2. petitioners. 2 in this matter 3. As issuing notices to the respondents is not necessary caused to the respondents, notices to the and as no prejudice will be respondents are hereby dispensed with. Perused the material on record. 4. learned counsel for the petitioners submits that the O.S.No.85 of 2009 for permanent injunction 5. On hearing respondents herein filed restraining the defendants therein from ever interfering with the possession the subject property and to restrain the and enjoyment of the plaint over alienating the plaint subject property. He submits that as the defendants from of the parties of the alleged oral agreement died, the defendant being one LRs have to be brought on record. But no LRs have been added in place of f' defendant in a suit and on that ground the suit may be dismissed. Whenever the case is being taken up, the respondents counsel reported not ready to and they took nearly 18 adjournments. He further submits that proceed further the petitioners are old aged persons Respondent Nos.1 and 2 to proceed with the trial. the trial Court ought to insist as has drawn attention of this Learned counsel for the petitioners Court to the guidelines issued by the Hon'ble Supreme Court and submits that issued guidelines to all the Courts to identify and dispose 6. the Apex Court has of cases on priority basis in which persons above 65 years of age are include long pending cases of Senior Citizens, Pensioners involved. These and retired Government servants on a priority basis. 3 The learned counsel for the petitioners while relying on the above decision, submits that in the instant case, the 1®' petitioner is 73 years 7. old and as there is acute urgency involved for disposal of the suit, keeping the suit pending may deprive the petitioners to enjoy the fruits of the decree and hence, learned counsel requests this Court to issue an appropriate direction to the trial Court for speedy disposal of the suit. Considering the submissions of the learned counsel for the 8. petitioners, without touching the merits of the case, the learned Senior Civil Judge, Tanuku is directed to dispose of O.S.No.85 of 2009, as expeditiously as possible, preferably within a period of Six (06) months from the date of receipt of a copy of this order. With the above directions, this Civil Revision Petition is disposed 9. 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. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To St 1. The 1 Civil (Senior Division) Judge, Tanuku. 2. One CC to Sri. Krishna Mohan Sikharam, Advocate [OPUC] 3. Three CD Copies PR sree it' •3» HIGH COURT DATED:04/04/2025 ORDER CRP.No.673 of 2025 'i 09 APR 2025 a ^ . Current becuon ."y o'c A'*’ the stage OF ADMISSION WITHOUT COSTS