Smt Ranga Sangetha v. Kotha Mukesh Goud
THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No. 64 of 2018 ORDER:
The petitioner is the plaintiff in O.S.No.720 of 2017 on the file of the learned I Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar. The said suit was filed by him seeking a direction to the defendant to vacate the suit schedule property; to deliver physical possession thereof to him; and to pay arrears of monthly rent to the tune of Rs.4,13,000/- along with future rents.
I.A.No.325 of 2017 was filed therein by the petitioner/plaintiff seeking an interim injunction restraining the respondent/defendant from raising constructions in the suit schedule property or changing its physical features in any manner. The grievance of the petitioner/plaintiff is that the trial Court is not taking up the said I.A. for hearing and disposal. As this Court does not propose to venture into the merits of the matter, and the petitioner/plaintiff merely seeks a direction to the trial Court to dispose of his pending I.A., this Court deems it unnecessary to put the respondent/defendant on notice or afford him an opportunity of hearing.
Perusal of the docket orders dated 29.06.2017, 26.09.2017, 03.10.2017, 26.12.2017 and 05.01.2018 bears out that the trial Court has been adjourning the matter on one ground or the other and the subject I.A. is not being taken up.
Notwithstanding the time constraints and severe work pressure that the trial Court would be operating under, it is necessary that Interlocutory Applications filed in a suit, seeking interim relief during the pendency thereof, are given priority. Such Interlocutory Applications cannot be kept
pending indefinitely, resulting in grave injustice to the petitioning parties sometimes.
The Civil Revision Petition is accordingly disposed of directing the learned I Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, to give priority to the hearing and disposal of I.As. seeking interim relief pending the suits, including the subject I.A. in O.S.No.720 of 2017, and to dispose of the same on merits and in accordance with law expeditiously. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:25.01.2018 va