M. Siva Reddy v. M.C. Venkata Reddy

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITON No. 1901 OF 2018 O R D E R :

This Revision is directed against the docket order dated 25.01.2018 in I.A.No. 27 of 2018 in O.S.No. 13 of 2018 on the file of the Senior Civil Judge's Court at Dharmavaram. Petitioner is the plaintiff, who filed the suit seeking partition and separate possession of one-third of the suit schedule property. Pending the suit, the petitioner, apprehending that the respondents / defendants are likely to alienate the property in favour of the third parties, had taken out I.A. No. 27 of 2018 for temporary injunction restraining the respondents from alienating / creating third party interests over the property. The learned Judge, after hearing the petitioner's counsel, ordered urgent notice to the respondents and directed the suit to be listed on 01.02.2018. In those circumstances, the petitioner seeks an injunction order from this Court.

At the outset, it may be noted that as against the order directing notice to the respondents, the Revision is not maintainable. The Court below is yet to pass orders on merits of the matter after considering the material available on record, duly applying its mind.

In those circumstances, in the absence of any reason warranting interference of this Court with the docket order, the Civil Revision Petition is misconceived and it is accordingly, dismissed. No costs.

Consequently, the miscellaneous Applications, if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 28th March 2018 ksld