Thatikonda Srinivas v. The Divisional Manager

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No. 3042 of 2018 ORDER:

This Civil Revision Petition under Article 227 of the Constitution is sought to be preferred by the plaintiff in O.S.No.19 of 2018 on the file of the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar. His grievance is that the trial Court did not take up I.A.No.33 of 2018 filed by him in the said suit under Order 39 Rules 1 and 2 C.P.C. seeking an interim injunction restraining the defendants in the suit from installing supply connections of power and oil machinery equipments in the suit schedule property.

Sri B. Devadas, learned counsel for the petitioner/plaintiff, does not dispute the fact that the suit was filed in the usual course and was not moved by way of an out of order motion. In the event the petitioner/plaintiff felt any urgency, he ought to have resorted to filing of the suit along with the injunction petition through an out of order motion. Having failed to do so and having filed the suit in the usual course, the petitioner/plaintiff can have no legal grievance with regard to the suit being numbered in the usual course and the first date of hearing being fixed accordingly.

The Civil Revision Petition is therefore dismissed on this short ground leaving it open to the petitioner to move the trial Court in accordance with the due procedure, if there is any urgency. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR Date: 08.06.2018 va