Shri Kondreddi Venkateswara Rao v. Naga Nageswara Rao

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CIVIL REVISION PETITION No. 132 of 2018 ORDER:

1) Aggrieved by the order, dated 15.12.2017, passed in I.A.No.1165 of 2017 in O.S.No.397 of 2016 on the file of the I Additional Junior Civil Judge, Rajamahendravaram, wherein the application filed under Order XXVI Rule 9 read with Section 151 of C.P.C. to appoint an advocate-commissioner to get harvest the paddy in the suit schedule property in the presence of respondent and to deposit the produce to the credit of the suit, was dismissed, the present Civil Revision Petition came to be filed under Article 227 of the Constitution of India.

2) Today when the matter is taken up for hearing, learned counsel for the petitioner would submit that the crop was harvested in the presence of Sarpanch and Mandal Surveyor and the same is now kept with a rice miller, but the learned counsel appearing for the respondent would submit that he has no instructions with regard to keeping the produce in the rice mill.

3) Since the C.M.A. filed by the petitioner against the order vacating the temporary injunction is pending consideration before the appellate Court, the present Civil

Revision Petition is disposed of, directing the petitioner to get appropriate orders from the appellate Court, where the C.M.A. is pending. It is needless to mention that if any petition is filed by the petitioner, the appellate Court shall dispose of the same, at the earliest, keeping in view the facts in issue.

4) There shall be no order as to costs. Miscellaneous petitions, pending, if any, shall stand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 05.01.2018 gkv