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2012 DIGILAW 999 (AP)

Cherukumali Sankara Rao v. Koteru Veeramma

2012-10-10

C.V.NAGARJUNA REDDY

body2012
Judgment Order, dated 25-09-2012, in Memo in G.L.No.2235/2012 in E.P.No.3 of 2011 in OS.No.1/2009, on the file of the Court of the learned Senior Civil Judge, Nandigama, is the subject matter of this Writ Petition. By the aforesaid Order, the learned Senior Civil Judge opined that the memo filed by the petitioners for transfer of OS.No.1 of 2009 to any other Court is an act of contempt. The learned Senior Civil Judge, while dismissing the said memo with costs of Rs.7,000/-, directed arrest of the petitioner No.1 in the event of his failure to pay costs besides issuing contempt notice to the petitioners. In the Writ Petition, the petitioners averred that the learned Senior Civil Judge has no power to initiate contempt proceedings. Upon considering the facts noted by the learned Senior Civil Judge in the impugned order, this Court prima facie felt that petitioner No.1 was not fair in conducting himself as defendant in the suit as he did not co-operate in disposal of the Execution Proceedings. This Court also prima facie felt that petitioner No.2 ought not to have filed the memo on behalf of petitioner No.1 by attributing bias to the Court. Therefore, in order to give an opportunity to the petitioners to take corrective steps, this Court has adjourned the case by suggesting to the petitioners to tender unconditional apologies to the learned Senior Civil Judge, Nandigama. Today, the learned Counsel for the petitioners placed before the Court copies of the affidavits filed by the petitioners wherein they have tendered unconditional apology to the lower Court and requested the Court to permit them to withdraw Memo in G.L.No.2235/2012, dated 17-09-2012. The learned Counsel for the petitioners also submitted that the petitioners have paid costs of Rs.7,000/-imposed by the lower Court. The above acts of the petitioners reflected the remorse for their conduct exhibited towards the Court below. As the petitioners have retraced their steps and reposed confidence in the Court below while tendering unconditional apologies, I am of the opinion that the issue shall be given a quietus. Accordingly, it is directed that the impugned order, dated 25-09-2012, shall not be enforced and Memo in G.L.No.2235/2012, filed by the petitioners before the lower Court for transfer of the suit in OS.No.1/2009 to any other Court, stands withdrawn. Accordingly, it is directed that the impugned order, dated 25-09-2012, shall not be enforced and Memo in G.L.No.2235/2012, filed by the petitioners before the lower Court for transfer of the suit in OS.No.1/2009 to any other Court, stands withdrawn. The lower Court shall proceed with the Execution Proceedings ignoring the unfortunate events and dispose of the same solely on the basis of its merits. Subject to the above directions, the Writ Petition is disposed of. As a sequel, WPMP.No.39844 of 2012, filed by the petitioners for interim relief, is disposed of as infructuous.