Mohammed Osman Khan v. Madnuri Komaraiah

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No.2356 of 2018 ORDER:

The complaint of the petitioners/plaintiffs is with regard to the delay on the part of the learned I Senior Civil Judge, Ranga Reddy District at L.B.Nagar in taking up I.A.No.53 of 2018 in O.S.No.174 of 2018 for hearing and disposal. The said suit was filed for a perpetual injunction restraining the defendants from interfering with their possession and enjoyment over the suit schedule property, viz., an extent of Ac.1.32 1/3 guntas of agricultural land situated in Survey No.61/Ru of Sultanpur, Hamlet of Mallapur Village, presently Balapur Revenue Mandal (previously Saroornagar Revenue Mandal), Ranga Reddy District. Therein, the petitioners/plaintiffs filed I.A.No.

53 of 2018 under Order 39 Rules 1 and 2 CPC seeking an interim injunction restraining the defendants from interfering with their peaceful possession and enjoyment over the suit schedule property. In the affidavit filed in support thereof, the petitioners/plaintiffs stated that the defendants along with other antisocial elements were trying to encroach upon the suit schedule property and they could resist their attempts with great difficulty. They further stated that though they lodged a complaint before the Pahadi Sharief Police, the police refused to entertain the said complaint stating that it is of civil nature.

Perusal of the material placed on record reflects that the suit was numbered on 29.01.2018 and was directed to be posted on 24.04.2018. There is no indication of the trial Court having considered the urgency pleaded by the petitioners/plaintiffs with regard to interim relief as prayed for in I.A.No.53 of 2108 filed in the suit.

The civil revision petition is accordingly disposed of at the admission stage directing the learned I Senior Civil Judge, Ranga Reddy District at L.B.Nagar to consider the plea of the petitioners/plaintiffs for urgent interim relief on its own merits and in accordance with law on 24.04.2018, when the matter is taken up for hearing. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________ SANJAY KUMAR,J Date:12.04.2018 GJ