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High Court for State of TelanganaCRP/3169/2015disposed of no costs

Kommu Rajitha v. Musku Prabhakar

2015-10-30C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION Nos. 3169 & 3373 of 2015 COMMON ORDER:

Inspite of service of notice on respondent No.1, there is no representation on behalf of him today.

Heard learned counsel for the petitioners and learned counsel for respondent No.2 in CRP No.3373 of 2015. Since the parties in both the revisions and the issue involved is one and the same, both the revisions are disposed of by this common order.

The first petitioner filed O.S.No.215 of 2012 on the file of Senior Civil Judge, Karimnagar against the respondents herein for declaration of title and perpetual injunction in respect of the suit schedule land admeasuring Ac.0.01 guntas in Survey No.1349 situated at Karimnagar District. The first respondent i.e., M.Prabhaker filed O.S.No.438 of 2011 in the Court of Principal Junior Civil Judge, Karimnagar against the petitioners seeking perpetual injunction in respect of the same land. In I.A.No.1370 of 2011 in O.S.No.438 of 2011, the first respondent herein obtained status quo on 05.02.2013. Since the subject matter in both the suits is one and the same, O.S.No.438 of 2011 was transferred to the Court of Additional Senior Civil Judge, Karimnagar and the same came to be re-numbered as O.S.No.37 of 2014. In O.S.No.215 of 2012, the petitioners herein filed I.A.No.836 of 2012 for temporary injunction and the same was closed in view of the order in I.A.No.1370 of 2011 in O.S.No.438 of 2011. No appeals are filed against both the orders passed against the petitioners.

Though various grounds are raised in the revisions, learned counsel for the petitioners mainly submits that since both the suits are pending before the

Additional Senior Civil Judge, Karimnagar, they may be directed to disposed of at the earliest.

Having regard to the circumstances of the case, learned Additional Senior Civil Judge, Karimnagar, is advised to dispose of both the suits i.e., O.S.No.37 of 2014 and O.S.No.215 of 2012 at the earliest, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. With the above direction, the Civil Revision Petitions are disposed of. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Petitions pending if any in these Civil Revision Petitions, shall stand closed.

____________________ C. PRAVEEN KUMAR, J 30.09.2015 vhb