Naradasu Vijayalaxmi v. Karnala Jagan Mohan

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.4689 of 2013 ORDER:

This Civil Revision Petition under Article 227 of the Constitution of India is filed by the defendants who are aggrieved of the status quo order granted on 28.12.2013 in I.A.no.1857 of 2012 in O.S.no.711 of 2012 on the file of the learned Principal Junior Civil Judge, Karimnagar.

2. I have heard the submissions of the learned counsel for the revision petitioners/defendants. I have perused the material record.

3. At the hearing, it is submitted that in respect of the very same property covered by the instant suit, the petitioners/defendants have already filed O.S.no.144 of 2012 on the file of the learned V Additional District Judge, Karimnagar and that they had obtained interim injunction in I.A.no.1857 of 2012 in O.S.no.711 of 2012 and that the said application and the suit are pending adjudication and that suppressing the said fact, the present plaintiff/ respondent herein having filed the present suit had obtained status quo order on 28.12.2012 by suppressing the pendency of the above said suit and by misusing the process of Court and that therefore, it is necessary in the interest of justice to give a direction to the court below to dispose of I.A.no.1857 of 2012, as expeditiously as possible, as such a course would sub-serve the ends of justice.

4. The respondents though served with notice had not entered appearance and they are not resisting this revision petition.

5. Having regard to the submissions, this Civil Revision Petition is allowed in part directing the court below to dispose of I.A.no.1857 of 2012 in strict accordance with the procedure established by law, as expeditiously as possible and at any rate, not later than one month from the date of receipt of a copy of this order. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this revision shall stand closed.

_____________________ M. SEETHARAMA MURTI, J 15th February 2016 RAR