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High Court for State of TelanganaCRP/6066/2012disposed of no costs

Smt.Mummina Chittimma, v. Sri Dasari Suresh Babu,

2017-06-16M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION NO.6066 OF 2012 ORDER:

This Civil Revision Petition is filed by the petitioner/plaintiff under Article 227 of the Constitution of India challenging the order, dated 27-08-2012 in C.M.A.No.1 of 2011 passed by the Senior Civil Judge, Gajuwaka, whereunder and whereby the order, dated 29-11-2010 passed in I.A.No.731 of 2009 in O.S.No.358 of 2009 by the Junior Civil Judge, Gajuwaka, was reversed setting aside the interim injunction granted by the trial Court.

2.

The suit was filed for perpetual injunction and during pendency of the suit, I.A.No.731 of 2009 was filed under Order XXXIX Rules 1 and 2 CPC for grant of temporary injunction and the same was allowed granting interim injunction in favour of the plaintiff during the pendency of the suit. When the matter was carried to 1st appellate Court in C.M.A.No.1 of 2011, the order passed by the trial Court was reversed setting aside the interim injunction granted by the trial Court by assigning its own reasons. The same is assailed in the present revision petition on various grounds. 3.

At the time of hearing, both counsel agreed for disposal of the main suit itself pending before the Junior Civil Judge, Gajuwaka, instead of deciding the present petition on merits.

4.

In the recent judgment in M/S AKRITI LAND CON PVT. LTD., V KRISHNA BHARGAVA AND OTHERS 1, the apex Court in similar circumstances directed both parties to maintain status quo and directed the trial Court to dispose of the suit itself as expeditiously as possible and in any event not later than six months.

1 JT 2017 (4) SC 379

5.

Following the same guidelines, this Civil Revision Petition is disposed of directing both parties to maintain status quo as on today. The learned Junior Civil Judge, Gajuwaka, is directed to dispose of the suit O.S.No.358 of 2009 in accordance with law, as expeditiously as possible and in any event not later than six months from the date of receipt of a copy of this order. No order as to costs. Miscellaneous petitions, if any pending, in this revision shall stand closed. ___________________________________ M.SATYANARAYANA MURTHY, J DATED: 16-06-2017.

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