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2006 DIGILAW 461 (AP)

Sai Chits and Financers v. D. Chinna Venkataiah

2006-04-03

P.S.NARAYANA

body2006
( 1 ) HEARD Sri Chandra Sekhar representing Sri Kanakaiah in elaboration. Heard Sri A. V. S. Ramakrishna also the counsel representing respondent. ( 2 ) THE impugned order is as hereunder: -"heard. Perused the record, As it is not for the court to go into the technicalities of proceedings and to give fair opportunity to the petitioner herein, this petition is allowed on costs of Rs. 500/- to be paid by 28. 11. 2005, failing which this petition stands dismissed. " ( 3 ) THE delay appears to be abnormal delay of 614 days. In the light of the affidavit filed in support of the application, the counter affidavit and the others material, this court is of the considered opinion that the learned Senior Civil Judge, Jangaon, is not justified in making cryptic order. It is needless to say that the learned Judge to appreciate the respective contentions and pass appropriate orders. The impugned order is hereby set aside and the matter is remitted to the learned judge to decide the matter afresh in accordance with law after recording the respective contentions of the parities. No costs.