Gattu Soundarya And Another v. Gattu Prabhakar And 10 Others

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No.146 of 2018 ORDER:

The petitioners are the plaintiffs in O.S.No.75 of 2016 on the file of the learned Senior Civil Judge, Fast Track Court, Chevella, Ranga Reddy District. The said suit was filed for partition of the plaint schedule property into two equal shares and for allotment of 2/4th share to the plaintiffs along with possession. They also sought a declaration as to certain sale deeds and rectification deeds being null and void. I.A.No.266 of 2016 was filed by them in the said suit for an interim injunction restraining the defendants from alienating the plaint schedule properties to third parties pending disposal of the suit. Aggrieved by the fact that the said I.A. has not been heard and disposed of till date, the petitioners are before this Court.

As this Court does not propose to enter into the merits of the matter or pass any order adverse to the interest of the respondents herein, the defendants in the suit, it is not necessary to either put them on notice or afford them an opportunity of hearing at this stage. Though the trial Court would be under severe time constraints and pressure of work as there seems to be no regular officer, it is necessary that the officer placed in additional charge gives priority to the hearing of interlocutory applications which cannot be kept pending on that ground, resulting in failure of justice to the litigants. The trial Court is accordingly directed to give priority to interlocutory applications filed for interim relief pending the suits, including the subject I.A. in O.S.No.

75 of 2016, and dispose of the same on merits and in accordance with law expeditiously. The civil revision petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.