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High Court for State of TelanganaCRP/1579/2016dismissed no costs

Bandi Sudhir Reddy, v. Dharanikota Danial,

2016-03-29G.Chandraiah2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** C.R.P. No.1579 of 2016 Between:

Bandi Sudhir Reddy and another ... Petitioners And Dharanikota Danial and others ... Respondents JUDGMENT PRONOUNCED ON 29.03.2016 THE HON'BLE SRI JUSTICE G. CHANDRAIAH

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? :

2. Whether the copies of judgment may be marked to Law Reporters/Journals. :

3. Whether their Ladyship/Lordship wish to see the fair copy of the Judgment? : THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.1579 of 2016 ORDER:

This revision petition has been filed aggrieved by non passing of orders in I.A. No.185 of 2016 in O.S. No.142 of 2016 on the file of the Principal Senior Civil Judge, Vijayawada. The revision petitioners and the respondents herein are the plaintiffs and the defendants in O.S. No.142 of 2016 that was filed seeking to grant permanent injunction restraining the defendants from the petitioners' peaceful possession and enjoyment in respect of plaint "A" schedule properties. Along with the said suit the plaintiffs also filed I.A. No.185 of 2016 seeking to grant ad-interim injunction wherein the Court below initially on 22.02.2016 directed to post the suit on 29.03.2016 observing that no caveat is filed and thereafter, on 01.03.2016 ordered to issue urgent notice to respondents.

At this juncture, it is to be noted here that instead of taking steps to serve urgent notice to the respondents, the plaintiffs filed the present revision petition without there being any impugned order only on the ground that the Court below has not passed any order in the said application. In this regard, it is to be noted here that it is for the Court's discretion to pass any interim order based on the facts and circumstances of the case and in the instant case the Court below appears to be felt that urgent notice is required to be ordered and accordingly ordered. In such a situation, this Court cannot find any fault with the Court below and therefore, this revision petition is liable to be dismissed and accordingly, dismissed. As a sequel, miscellaneous petitions, if any, stands closed. There shall be no order as to costs.

___________________________ JUSTICE G.CHANDRAIAH Date: 29.03.2016

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