Eathalaupaka Ram Chandra Rao v. Shaik Abuul Gaffor,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CIVIL REVISION PETITION No.483 OF 2016 ORDER:

The revision petitioners are the aggrieved respondents in I.A.No.1368 of 2015 in C.M.A.No.48 of 2015. Pending CMA, there was an interlocutory application to grant interim injunction and ad interim order was passed therein.

The factual matrix is O.S.No.474 of 2014 on the file of III Additional Junior Civil Judge, Visakhapatnam, was maintained for the relief of permanent injunction and pending suit, I.A.No.386 of 2014 was filed for temporary injunction. That was disposed of after hearing both the parties to maintain status quo by both sides and same was impugned in C.M.A.No.48 of 2015 supra. Pending disposal of CMA, that status quo order was modified as temporary injunction in I.A.No.1368 of 2015.

Against which, the present revision is maintained.

It need not be taken an ordeal of disposal of this matter on merits, once the CMA to decide on merits, but for to direct the lower appellate Court while continuing the temporary injunction order without prejudice to the contest of both the parties and without being influenced by the said interim order in I.A.No.1368 of 2015, after hearing both the parties, dispose of the CMA within fifteen (15) days from the date of receipt of a copy of this order. It is made clear that injunction order is in force is nothing but maintaining existing status quo for no improvements to be made and no further acts to be done by any of the parties.

Accordingly, the revision petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_______________________ Dr. B. SIVA SANKARA RAO, J

Date: 05-08-2016 ska