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High Court for State of TelanganaCRP/6362/2016disposed of no costs

Bandi Prashanti, v. Vasamsetti Vijaya Kumar,

2016-12-28Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION No.6362 of 2016 ORDER:

This civil revision petition is filed by the petitioner under Article 227 of the Constitution of India aggrieved by the docket order, dated 01.07.2016, passed by the Court of District Judge at Rajamahendravaram, in I.A.No.842 of 2016 in O.S.No.99 of 2016. Heard and perused the material available on record. The 1st respondent/plaintiff filed the above said I.A. for grant of ad-interim injunction restraining defendants 1 to 4, their men, agents and successors-in-interest from confirming the sale and take up further proceedings in pursuance of void sale in any manner, whatsoever.

The learned District Judge, Rajahmundry, passed the impugned order, dated 01.07.2016, in I.A.No.842 of 2016 in O.S.No.99 of 2016, which reads as follows:

"Counter of R1 & R2 filed. Counter of R3 to 7 not filed and requested time to file counters.

Heard the petitioner and R1 and R2. The learned counsel for the petitioner represented that there is urgency involved in the matter and that before disposing the petition on merits interim order of status quo may be granted and if interim order is not granted irreparable injury will be sustained by the petitioner.

R1 and R2 filed counter and requested time to submit arguments whereas R3 to R7 requested time to file counter.

Taking into consideration of all facts and circumstances of the case, to meet the ends of justice and to prevent multiplicity of litigation, this Court inclined to pass interim order before disposal of the petition in view of urgency pleaded.

Hence, both parties are directed to maintain status quo till 8/7/016. For counter of R3 to R7 TE till 8/7/016."

After arguing for a long time, learned counsel for the petitioner confined his argument only to the extent of disposal of the I.A.No.842 of 2016 in O.S.No.99 of 2016, pending before the trial Court within a specified period.

Taking into consideration the facts and circumstances of the case, the learned District Judge at Rajamahendravaram, is directed to dispose of I.A.No.842 of 2016 in O.S.No.99 of 2016, on as expeditiously as possible, more preferably within a period of one

(1) month from the date of receipt of a copy of this order, in accordance with law.

Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this civil revision petition shall stand closed. ___________________ RAJA ELANGO,J Date: 28th December, 2016 KL

THE HONOURABLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION No.6362 of 2016 Date: 28th December, 2016 KL