Telangana High Court

CRP/6457/2016 of Syed Ashwaq Ahmed, Vs Gundla Sammaiah, on 30 December 2016

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SRI JUSTICE A.SHANKAR NARAYANA Civil Revision Petition No.6457 of 2016 ORDER: Challenge in the present Civil Revision Petition is to the order dated 13.12.2016, recorded on the docket relating to the proceedings in O.S.No.24 of 2015 on the file of the III Additional District Judge,

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THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA

Civil Revision Petition No.6457 of 2016

ORDER:

Challenge in the present Civil Revision Petition is to the order dated 13.12.2016, recorded on the docket relating to the proceedings in O.S.No.24 of 2015 on the file of the III Additional District Judge, Asifabad, which reads thus:

“PNR. Call on 19.12.2016”

Learned counsel for the revision petitioners would submit that despite filing a memo dated 06.12.2016, bringing to the notice of the said Court the fact that they filed a Transfer Original Petition before the Principal District Judge, Adilabad, seeking to transfer O.S.No.110 of 2016 pending on the file of the Senior Civil Judge, Mancherial to the Court of III Additional District Judge, Asifabad where O.S.No.24 of 2015 is pending, so as to conduct joint trial and that the said Transfer Original Petition has been pending, the learned III Additional District Judge is insisting to proceed with the trial in O.S.No.24 of 2015 and, therefore, sought for present request to set aside the aforesaid docket order.

Ex facie, there is no merit at all. This apart, what was recorded in the impugned docket proceedings dated 13.12.2016 in O.S.No.24 of 2015 is “Plaintiff not ready. Call on 19.12.2016”. The revision petitioners can seek for the relevant relief by making an appropriate application in accordance with law but not by way of a revision petition seeking to set aside the docket order dated 13.12.2016.

The Civil Revision Petition is, accordingly, dismissed. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any pending in the instant revision, stand dismissed.

_____________________________

(A.SHANKAR NARAYANA, J)

Civil Revision Petition No.6457 of 2016

Date: 30.12.2016

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