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High Court for State of TelanganaCRP/4094/2016disposed of no costs

Bobba Hazarath Reddy, v. Bollineni Venakat Subba Naidu,

2016-08-27Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No. 4094 OF 2016 O R D E R:

The petitioner herein is the plaintiff, who instituted O.S.No. 187 of 2014 on the file of the Court of the Senior Civil Judge, Kavali, in August 2014, seeking permanent injunction restraining the defendant respondent herein, his friends and men from interfering with his peaceful possession and enjoyment over the plaint schedule property. Along with the said suit, he also filed I.A.No.

231 of 2014 seeking an interim relief. Nearly two years have elapsed, but so far, no order has been passed thereon is the grievance made out by the petitioner in this Civil Revision Petition.

Learned counsel for the petitioner submits that the Interlocutory Application has been undergoing adjournments on one pretext or the other. In support of his contention, he has made available the history of the case hearing generated from the website, as material paper No. 27. He laments that if the Interlocutory Application has been taken up along with the suit, the main purpose of moving the said Application would get defeated.

Having considered the submissions made by the learned counsel for the petitioner and having taken note of the material placed on the record, instead of going into the merits of the matter, it would be suffice if a direction is issued to the learned Senior Civil Judge to hear and dispose of the Interlocutory Application, within a fixed time frame, inasmuch as, as rightly argued by the learned counsel, by afflux of time, the very purpose of taking out the Application for an interim relief would be defeated. Therefore, the Civil Revision Petition is disposed of, directing the learned Senior Civil Judge, Kavali to take up I.A. No. 231 of 2014 for hearing, consider and dispose of the same within six weeks from the date of receipt of a copy of this order. No costs. Consequently, the Miscellaneous Applications, if any shall also

stand disposed of.

_____________________________ CHALLA KODANDA RAM, J.

27th August 2016 ksld