High Court for State of TelanganaCRP/616/2018disposed of no costs

Posupo Malleswari v. Yarlagadda John Sundar Raj

2018-04-13C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No. 616 of 2018 O R D E R:

1) Heard learned counsel for the petitioner. In spite of service of notice there is no representation on behalf of the respondents.

2) Aggrieved by the order, dated 03.10.2017, passed in I.A.No.740 of 2017 in C.M.A.No.3 of 2017 on the file of the Senior Civil Judge, Ramachandrapuram, wherein an application filed under Order XXXIX Rules 1 and 2 and Section 151 of C.P.C. to grant ad-interim injunction restraining the respondents, their men, agents, followers and their successors from interfering with the peaceful possession and enjoyment of the petitioner over the schedule property, was dismissed, the present Civil Revision Petition came to be filed by the plaintiff under Article 227 of the Constitution of India.

3) The facts in issue are that the petitioner herein filed O.S.No.225 of 2016 seeking permanent injunction against the respondents herein. Along with the said suit, the petitioner also filed I.A.No.503 of seeking ad-interim temporary injunction. Initially the trial Court granted exparte ad-interim injunction order and later on the same was vacated. Assailing the same, the petitioner filed C.M.A.No.3 of 2017. Along with the C.M.A. the petitioner also filed I.A.No.740 of 2017 seeking

ad-interim temporary injunction, which was dismissed on 03.10.2017. Assailing the same the present Civil Revision Petition came to be filed.

4) When the matter is taken up for hearing, learned counsel for the petitioner submits that a direction may be given to dispose of the C.M.A. at the earliest.

5) Without going into the merits of the case and having regard to the representation made by the learned counsel for the petitioner, the Civil Revision Petition is disposed of directing the Senior Civil Judge, Ramachandrapuram, to dispose of C.M.A.No.3 of 2017, in accordance with law, as early as possible, preferably, within a period of six to eight months from the date of receipt of a copy of the order.

6) As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed. There shall be no order as to costs. ____________________ C. PRAVEEN KUMAR, J 13.04.2018 gkv