LAWS(APCDRC)-2010-6-13

NARNE ESTATES PVT. LTD Vs. A. T. V. RAMANA REDDY

Decided On June 16, 2010

JUDGEMENT

(1.) These Revisions are arising out of separate orders passed in IA 191/2008 in EA 46/2008 in CC 711/2007 and in IA 192/2008 in EA 48/2008 in CC 710/2007 where under the District Forum had dismissed the petitions on the ground that there is no stay obtained from the State Commission and thereby held that the petitions are not maintainable. Questioning the legality and propriety of the orders to recall the NBWs issued in CC 711/2007 and CC 710/2007, these appeals are filed challenging the orders as erroneous and sought them to be set aside.

(2.) Both these revisions are being disposed of by common order as the point involved in both the cases is common.

(3.) The revision petitioners are the opposite parties in both the complaints CC 711/2007 in CC 710/2007. OPs filed IAs in pending EA 46/2008 and EA 48/2008 in the respective CCs 711/2007 and 710/2007 stating that the petitioner had preferred an appeal before the State Commission and the said matter is pending for adjudication and the said matter stands posted for hearing on 06.08.2008 so the execution proceedings may be kept in abeyance. The respondent/complainant had filed EA 46/2008 and 48/2008 in the respective CCs 710/2007 and 711/2007 to give direction for compliance of the order dated 24.11.2007 passed in both the cases against the petitioners/OPs. According to the petitioners, they have appeared before the District Forum II, Hyderabad on the date of hearing and filed a memo along with a copy of order dated 19.03.2008 passed by the State Commission granting stay. However, the District Forum had issued NBW on 25.06.2008 and to recall the warrants the petitioners have filed petition to recall NBWs issued against them.