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2013 Supreme(AP) 438

L.NARASIMHA REDDY
Noor Ahmed – Appellant
Versus
Mazharul Qamar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:K. Raghuveer Reddy, Advocate.
For the Respondents: None Appeared.

JUDGMENT


1. Of late, instances of impatience on the part of some of the Presiding Officers of the Civil Courts, are increasing. They are making efforts some how or the other, to get rid of the suits without taking the trouble of deciding them on merits. The present case provides an example.

2. The petitioners filed O.S. No.349 of 2006 in the Court of XI Additional Chief Judge, City Civil Court, Hyderabad, against the respondents for partition and separate possession of the suit schedule property. Defendant Nos.7 to 11 filed I.A. No.1982 of 2009 under Section 10 of the Code of Civil Procedure, 1908 (for short “CPC”) with a prayer to stay the further proceedings in the suit. According to them, O.S. No.248 of 2006 is pending in the Court of II Additional Chief Judge, City Civil Court, Hyderabad, for the relief of partition, and that, the subsequent suit filed by the petitioners herein, needs to be stayed. The learned Judge, however, dismissed the suit itself, through order dated 16-09-2010 passed in the interlocutory application. Hence, this Civil Revision Petition.

3. Heard Sri K. Raghuveer Reddy, learned counsel for the petitioners. There is no representation for the respondents.

4.




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