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Judgment
Dr. V.R.K. Krupa Sagar, J
Invoking Article 227 of the Constitution of India, the revision petitioners having been aggrieved by inaction on part of the first appellate Court have come up with a prayer to have I.A.No.646 of 2017 in A.S.No.90 of 2012 pending before the learned first appellate Court be disposed of expeditiously.
Learned counsels on both sides made their submissions.
The question that falls for consideration is:
“Whether the learned II Additional District Judge, Kurnool at Adoni failed to exercise jurisdiction vested with it requiring interference?”
O.S.No.57 of 2004 was a suit that was tried and disposed of by learned Senior Civil Jude, Adoni by judgment and decree dated 04.10.2012. Aggrieved parties preferred A.S.No.90 of 2012 and that was pending before learned II Additional District Judge, Kurnool at Adoni. On 14.12.2017 the appellants therein were absent and the counsel appearing for the appellants reported no instructions and in those circumstances, the appeal was dismissed for default. Within 10 days thereafter, the appellants having engaged another counsel moved I.A.No.646 of 2017 under Order XLI Rule 17 C.P.C. seeking to set aside the dismissal of appeal for default and readmit the appeal. It is undisputed before this Court that till now that I.A.No.646 of 2017 has not been disposed of by the learned first appellate Court. Grieved by this inaction, the petitioners/appellants have come up with this revision. Thus, the criticism on part of the revision petitioners is that one way or other, the application for readmission of the appeal should be disposed of by the learned first appellant Court within some reasonable time, but that has not been done.
Learned counsel for respondents has not contradicted facts nor protested against the anxiety expressed by the revision petitioners.
Order XLI Rule 17 C.P.C. permits the first appellate Court to consider the cause of dismissal and whether appropriate cause was shown for readmission of the appeal. First appeal being a provision permitted by the statute and parties before first appellate Court normally are anxious to have their appeals disposed of on merits as expeditiously as possible. While it is true that each of the lower Courts is saddled with several cases the truth shall be realized that miscellaneous application such as the one that is the subject matter of consideration here should also be given required attention by the first appellate Courts. It is in these circumstances, this Court records that non disposal of I.A.No.646 of 2017 even after passing of certain number of years amounts to failure to exercise jurisdiction vested with it. The point is answered accordingly.
In the result, the Civil Revision Petition is allowed directing the learned II Additional District Jude, Kurnool at Adoni to pay attention and dispose of I.A.No.646 of 2017 in A.S.No.90 of 2012 in accordance with law, as early as possible, at any rate on or before 31.10.2022. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
Registry is directed to communicate a copy of this order to the learned II Additional District Jude, Kurnool at Adoni forthwith.