AP HIGH COURT
| CRP/1334/2020 | Gogineni Nageswara Rao |
HON’BLE SRI JUSTICE M. VENKATA RAMANA
CIVIL REVISION PETITION No.1334 OF 2020
ORDER:
Heard Sri P.Rajkumar, learned counsel for the
petitioner.
2. The complaint of learned counsel for the petitioner is
that the Court of learned Junior Civil Judge, Gajuwaka is
adjourning hearing in I.A.No.388 of 2020 in O.S.No.82 of
2020 even though urgency was expressed on behalf of the
petitioner-plaintiff. The above petition was filed before the
Court for grant of temporary injunction under Order XXXIX
Rules 1 and 2 of the Code of Civil Procedure, 1908. Another
complaint of learned counsel for the petitioner is that the
learned counsel appearing for the respondent in the trial
Court is also taking advantage of the situation in as much as
the trial Court is adjourning the matter for the reason of
Covid-19 Pandemic and Circulars of this Court.
3. It is made clear that when both the parties are agreeing
to address arguments in any matter, in a case where the
matter could be disposed of without any hassles and contact
of Covid-19 infection, liberty was extended by this Court at all
material times to the trial Courts to exercise discretion in
disposing such matters.
4. Considering the fact that even the effect of Pandemic
2019 has substantially come down, there cannot be any
2
difficulty for the trial Courts to proceed on with such matters
where hearing is possible subject to observing Protocols
relating to Pandemic 2019.
5. However, having regard to the nature of this matter
since a direction is sought to the trial Court to dispose of the
pending petition before it in exercise of power and authority of
this Court under Article 227 of the Constitution of India, it is
not desirable as such in given circumstances to issue any
such direction. The trial Court is the best judge of the
situation prevailing at its place.
6. In the result, this Civil Revision Petition is dismissed.
However, the petitioner is permitted to file an application
before the Court of learned Junior Civil Judge, Gajuwaka to
advance hearing of I.A.No.388 of 2020 in O.S.No.82 of 2020
to an earlier date and if both the parties are prepared to
submit arguments with reference to enquiry to be conducted
in that petition including production of documents or other
material, the trial Court may make all the efforts to dispose of
the petition. No costs.
As a sequel, the miscellaneous applications pending, if
any, shall stand closed.
__________________________
M. VENKATA RAMANA, J
December 28, 2020
YS
