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.

AP HIGH COURT

CRP/1334/2020

Gogineni Nageswara Rao Versus PRES SURESH BABU

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