Burugupalli Kameswara Rao v. Gamidi Venkata Subba Rao
2019-07-23
G.SHYAM PRASAD
body2019
DigiLaw.ai
ORDER : G. Shyam Prasad, J. 1. This civil revision petition is filed by the petitioner/plaintiff seeking for a direction to the Trial Court for speedy disposal of the suit bearing No. OS No. 224 of 2016 on the file of I Additional Junior Civil Judge, Tanuku, West Godavari. 2. Heard Sri K. Rambabu, learned Counsel for the petitioner and Sri K. Sri Sai Sanjay, learned Counsel for the respondents. 3. Learned Counsel for the petitioner submits that the petitioner is aged about 72 years and a chronic kidney patient, who is undergoing treatment continuously, and he is also suffering from other old aged ailments. The suit is of the year 2006 and it is not being taken up on regular basis for disposal. The petitioner has also filed medical certificate in proof of his ill-health. He further submits that the petitioner is seeking an innocuous order of a direction to the Trial Court to expedite the matter as the petitioner is old aged person, a senior citizen. 4. Learned Counsel for the respondents submits that the petitioner has already filed IA No. 18 of 2017 in IA No. 115 of 2016 in OS No. 224 of 2016 before the Trial Court for advancing of the hearing and therefore, there is no need for the petitioner to approach this Court under Article 227 of the Constitution of India, as the said I.A. is pending before the Trial Court for advancing of hearing. 5. Learned Counsel for the petitioner further submits that the petitioner is only seeking a direction for expediting disposal of the case before the Trial Court, in view of the provisions of Article 227 of the Constitution of India. It is submitted that this Court has supervisory jurisdiction over all the Subordinate Courts and this Court by exercising the said jurisdiction, direction may be given to the Trial Court to dispose of the matter expeditiously. 6. The point that arises for consideration in this petition is: "Whether this Court can issue a direction to the Trial Court for speed disposal of the case by exercising power under Article 227 of the Constitution of India"? 7. As per Article 227 of the Constitution of India, the High Courts have got supervisory jurisdiction over all the subordinate Courts. It is the duty of the High Courts to.
7. As per Article 227 of the Constitution of India, the High Courts have got supervisory jurisdiction over all the subordinate Courts. It is the duty of the High Courts to. give directions to the subordinate Courts if they are not acting in accordance with law in disposal of the cases. Time and again, this Court has issued various circulars to the Subordinate Judiciary to dispose of the cases by giving priority to the Senior Citizens Cases and also other specific categories. It is a case, which is falling under Senior Citizen Category. Usually, civil revision petitions, like this, are not being entertained by this Court as no specific relief is claimed against any order said to have been passed by the Trial Court as illegal, which is under challenge now. This revision petition is filed only for a direction to the Trial Court to dispose of the matter expeditiously. In the light of the Circulars issued by this Court, the Trial Courts are hereby directed to scrupulously follow the circulars and directions issued by the High Court and dispose off the cases. It is also pertinent to note that, in the instant case, as IA No. 18 of 2017 is pending before the Trial Court, which is coming up for hearing with regard to advancing of the hearing, as such, the Trial Court can dispose of the same appropriately by giving priority, keeping in view the circulars and directions issued by this Court. 8. Accordingly, this civil revision petition is disposed of. No order as to costs.