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High CourtsSingle Bench(2022) 11 AP CK 0025

Gopisetty Srinivasa Rao vs Nandamudi Subash Chandra Bose And 3 Others

Andhra Pradesh High Court · Decided on 11 November 2022

HON’BLE JUDGES
Bandaru Syamsunder, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 6463 Of 2018

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Judgment

8 paragraphs · 337 words

Bandaru Syamsunder, J

1.

I have heard both sides.

2.

This Civil Revision Petition is filed by the petitioner/plaintiff under Article 227 of the Constitution of India against the orders passed by learned trial Judge, dated 03.10.2018 who refused to stay the trial of the suit in view of ratio laid down by Hon’ble Apex Court in Asian Resurfacing of Road Agency Private Limited V.CBI 2018 ALT (CRL) (1) SC wherein it is held that where there is stay for longer period, it gets automatically vacated within a period of six months from 28.03.2018 and trial Court posted the matter for cross examination of DW.1.

3.

The contention of the petitioner is that when C.R.P.No.4917 of 2017 is pending the trial Court ought to have continued the stay and this Court also extended interim orders passed on 22.09.2017 from time to time, which is deemed that interim order is continued till Civil Revision Petition is listed and circular issued by this Court on administrative side has no application to the facts of the present case. This Court heard C.R.P.No.4917 of 2017 this day and dismissed the same.

4.

In view of disposal of the Civil Revision Petition No.4917 of 2017 filed by the petitioner no lis survives to adjudicate in the present Civil Revision Petition. Even otherwise orders passed by learned trial Judge to proceed with trial cannot be find fault in view of the ration laid down by Hon’ble Apex Court in Asian Resurfacing of Road Agency Private Limited case referred supra, which directions learned trial Judge followed and posted the matter for cross examination of DW.1. The administrative instructions issued by this Court is based on ratio laid down by Hon’ble Apex Court in Asian Resurfacing of Road Agency Private Limited case, which is binding on all subordinate Courts in Andhra Pradesh.

5.

In the result, the Civil Revision Petition is dismissed. No order as to costs.

Consequently, miscellaneous petitions, if any, pending shall stand closed.

The interim stay if any granted is stand vacated.