Yalamanchili Narasimha Rao v. Kolli Laxmi

HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.6050 of 2012 ORDER:

This revision is preferred against order dated 18.10.2012 in C.M.A.No.4 of 2011, whereunder, Senior Civil Judge, Sathupalli, Khammam District disposed of the appeal directing trial Court to dispose of the suit within six months from the date of the receipt of that order while maintaining status quo.

2. Brief facts leading to this revision are as follows: Revision petitioner herein filed O.S.No.102 of 2010 for permanent injunction, and in that suit, he filed I.A.No.311 of 2010 for grant of temporary injunction and Principal Junior Civil Judge, Sathupalli after considering the contentions and rival contentions of both parties, directed both parties to maintain status quo over the suit property till disposal of suit, and aggrieved by that order, plaintiff preferred appeal, and the appellate Court while confirming the status quo order, granted by the trial Court directed the Court below to dispose of the suit within six months, and having not satisfied with the appellate Court's order, plaintiff preferred present revision.

3. Heard both sides.

4. As seen from the material, the main relief claimed in the suit is the very same relief claimed in the interlocutory application and trial Court has to consider the same evidence for appreciating contentions and rival contentions of both parties in respect of suit property.

5. Considering the same, trial Court felt that instead of deciding merits at interlocutory stage, directed both parties to maintain status quo and that view was affirmed by the appellate Court. I do not find any wrong appreciation of facts either by trial Court or by appellate Court, because the dispute relating to property can be decided after a full pledged trial. Though the appellate Court directed trial Court to dispose of the suit within six months from the date of

receipt of the order because of the temporary injunction granted by this Court, that direction could not be materialized.

6. On a scrutiny of the material, I feel that instead of going into merits and demerits of the case, revision can be disposed of directing the Court below to expedite the trial and decide the same within a stipulated period. 7 . For these reasons, this Civil Revision Petition is disposed of confirming the orders granted by the Courts below by directing both parties to maintain status quo till disposal of the suit. Trial Court is directed to decide the suit, as expeditiously, as possible, preferably, within six (06) months from the date of receipt of this order. No costs.

Miscellaneous Petitions, if any pending, in this petition, shall stand closed.

__________________ S. RAVI KUMAR, J Date: 27-04-2015.

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