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Judgment
The present Civil Revision Petition is filed to direct the Hon’ble VI Additional District Judge Kadapa to dispose of the I.A. No. 85 of 2026 in O.S. No. 21 of 2020 within such time frame in the light of Circular ROC No. 126/OPCELL-E/2025 dated 27.06.2025.
According to Rule 3 of the said notification, cases pertaining to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trademarks, copyrights, patents and intellectual property rights, shall be disposed of within 24 months from the date of appearance or deemed appearance of the defendant-respondent in the proceedings.
The counsel for the petitioners would submit that 1st respondent filed suit O.S. No. No. 21 of 2020 on the file of VI Additional District Judge, Kadapa, for specific performance resulting an exparte decree dated 16.08.2022. The petitioners filed I.A. No. 649 of 2024 to condone the delay of 729 days in filing the application to set aside the exparte decree that was allowed on 03.03.2026. The petitioners subsequently filed I.A. No. 85 of 2026 to set aside the exparte decree.
Now the present Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the trial Court for expeditious disposal of the application filed for setting aside the exparte decree otherwise the petitioners would put to serious irreparable loss and injury. The petitioner No.1 is a senior citizen, and the referred circular indicates the need for prompt disposal of cases involving senior citizens. Therefore, the counsel requests that the trial Court be directed for expeditious disposal of the interlocutory application by fixing time frame.
The Apex Court in the case of High Court Bar Association, Allahabad Vs State of Uttarpradesh & Others, reported in (2024) 6 SCC 267, has categorically held that, constitutional courts should not normally fix a time-bound schedule for disposal of cases pending in any court. The pattern of pendency of various categories of cases pending in every Court, including High Courts is different. The situation at the grassroots level is better known to the Judges of the courts concerned. Therefore, the issue of giving out-of-turn priority to certain cases should be best left to the courts concerned. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations.
In view of the said submissions, the present Civil Revision Petition is disposed of, directing the learned trial Court to make an endeavour for early disposal of suit, in accordance with law, basing upon the seniority of pending cases. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any shall stand closed.