Golla Anithamma vs R.Parvathi

Battu Devanand, J

This Civil Revision Petition is filed questioning the inaction of the Junior Civil Judge Court, Kalyandurg, in not disposing the suit No.123 of 2016 though the pleadings were completed in the year 2016 itself.

Heard Sri Goalla Seshadri, learned Counsel for the Petitioner and perused the material available on record.

The Petitioner is the plaintiff and the respondent is the defendant in O.S.No.123 of 2016 on the file of the Junior Civil Judge, Kalyandurg.

For convenience, the parties are referred to as plaintiff and defendant as arrayed in the trial Court.

As seen from the record, on 19.04.2022, this Court directed the Registrar (Judicial) to call for the report from the concerned Court for proper adjudication of the issue.

Accordingly, the learned Junior Civil Judge, Kalyandurg, submitted a report stating that the suit was numbered on 21.06.2016 and posted to 21.07.2016 for service of summons to the defendant. On 21.07.2016, Sri B.K. Nagaraju, Advocate, filed Vakalat for the defendant and posted to 19.10.2016. On 19.10.2016, the defendant filed Written Statement and posted the matter to 29.12.2016 for hearing under Section 89 C.P.C. and since 07.05.2018, the suit is being posted from time to time for framing of issues. Meanwhile, on 25.02.2017, the plaintiff filed Interlocutory Application No.165 of 2017 praying to reopen I.A.No.567 of 2016 and the defendant counsel, who took notice, prayed for Counter and thereafter, he reported no Counter on 22.03.2019. Then, the matter was posted for hearing from time to time, but both the counsel not submitted their arguments till date.

It is further stated in the report that the present Presiding Officer has assumed charge as Full Additional Charge for the post of Junior Civil Judge, Kalyandurg, from 15.09.2021 to till date and as per the orders of the then Principal District Judge, she is conducting Court proceedings on every Friday at Junior Civil Judge’s Court, Kalyandurg. It is also stated that the concerned Bench Clerk in Junior Civil Judge’s Court, Kalyandurg, was not placed the records before her for deposing of I.A.No.165 of 2017 and she never posted the matter on Fridays when she conducting Court proceedings.

Having considered the grievance of the petitioner and on perusal of the report submitted by the learned Junior Civil Judge, Kalyandurg, it is clear that O.S.No.123 of 2016 on the file of the Junior Civil Judge, Kalyandurg, is pending for framing of issues from the year 2016. Even after lapse of nearly Six years, there is no progress in the suit proceedings.

Under the circumstances, in our considered view, it is appropriate to direct the learned Junior Civil Judge, Kalyandurg, to dispose of the Suit in O.S.No.123 of 2016 as expeditiously as possible, preferably within Three (3) months from the date of receipt of the copy of this Order in accordance with law.

Accordingly, the Civil Revision Petition is allowed directing the Junior Civil Judge, Kalyandurg, to dispose of the suit in O.S.No.123 of 2016 as expeditiously as possible, preferably within a period of Three (03) months from the date of receipt of a copy of this Order in accordance with law.

There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in this petition shall stand closed.