Lingampally Rajeshwar Rao v. Smt. S. Saikumari

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY C.R.P.No.5285 OF 2012 ORDER:

This civil revision petition is filed under Article 227 of the Constitution of India, questioning the order dated 10.09.2012 passed in C.M.A..No.128 of 2009 by the Chief Judge, City Civil Court, Hyderabad confirming the order dated 26.08.2009 in I.A.No.572 of 2009 in O.S.No.2591 of 2009 passed by the Junior Civil Judge, Hyderabad.

The respondent No.1 before this Court filed suit for perpetual injunction and also I.A.No.572 of 2009 under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (for short 'C.P.C.') for grant of interim injunction. The trial Court granted interim injunction and the same was confirmed by the Chief Judge, City Civil Court, Hyderabad recording several findings with regard to the possession etc. The present revision petition is filed on the ground that the trial Court did not consider the agreement entered into between the petitioner and the owner of the site and also failed to consider the third party affidavits filed, which are allegedly in possession of the petitioner.

After arguing the matter for a while, both counsel conceded that the suit is coming for arguments. In view of the advance stage of trial of suit, it is appropriate to direct both parties to maintain status quo keeping in mind, the findings recorded by the trial Court and

affirmed by the lower appellate Court with regard to the possession etc. while directing the trial Court to dispose of the suit, in accordance with law, as expeditiously as possible and in any event, not later than one months from the date of receipt of a copy of this order.

With the above direction, the civil revision petition is disposed of. No costs.

Pending miscellaneous petitions in the petition, if any, shall stand closed.

__________________________________ M.SATYANARAYANA MURTHY,J 22.06.2017 kvrm