Smt. Jamuna Bai v. Narsing Das, And Another

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.2 1 3 7 OF 2 0 1 9 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioner/ plaintiff aggrieved by the docket order dated 04.06.2019 passed in I.A.No.90 of 2019 in I.A.No.295 of 2018 in O.S.No.44 of 2018 by the Senior Civil Judge at Zaheerabad, Sanga Reddy District.

2.

Heard the learned counsel for the revision petitioner and perused the record.

3.

Learned counsel for the revision petitioner would contend that in I.A.No.295 of 2018, the Court below granted status quo vide order dated 03.10.2018. Thereafter, I.A.No.90 of 2019 in I.A.No.295 of 2018 was filed by the respondents/ defendants to recall the said status quo order. The Court below without giving any notice to the revision petitioner/ plaintiff, passed the impugned order by recalling the order passed in I.A.No.295 of 2018 dated 03.10.2018. 4.

It is pertinent to state that though I.A.No.295 of 2018 was filed on 01.10.2018, it is not yet disposed of by the Court below. During the pendency of the said I.A., it is not appropriate to decide the revision petition on merits. Hence, the Court below is directed to dispose of I.A.No.295 of 2018, as expeditiously as possible, preferably, within a period of 30 days from the date of this order. 5.

With the above direction, the Civil Revision Petition is disposed of at the stage of admission. No order as to costs. The Miscellaneous Petitions, if any, pending shall stand closed. ______________________ Dr . SHAMEEM AKTHER, J Date: 19.09.2019 ssp