Mamidala Suri Babu v. Gorrela Kameswara Rao

THE HONOURABLE SRI JUSTICE RAJA ELANGO CIVIL REVISION PETITION No.2510 OF 2016 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed to direct the trial Court to conduct trial in A.T.C.No.1 of 2013 along with I.A.No.285 of 2013 and I.A.No.349 of 2015, expeditiously.

2. Originally the petitioners herein filed A.T.C.No.1 of 2013 on the file of Special Officer for Tenancy Cases-cum-Principal Junior Civil Judge, Pithapuram , under Section 16 of the Andhra Pradesh Tenancy Act, 1956 (for short, 'the Act') to declare them as cultivating and protected tenants under law and consequently to grant permanent injunction restraining the respondents and their men from ever interfering with their peaceful possession and enjoyment of tenancy rights over the petition schedule property, except under due process of law. Pending aforesaid A.T.C. the petitioners filed I.A.No.285 of 2013 under Section 19 of the Act seeking to grant temporary injunction. The Court below, after considering the material available on record, granted temporary injunction vide order, dated 19.06.2013. Thereafter, the petitioners filed I.A.No.349 of 2015 before the Court below to arrest and detain of respondents 4, 5 and 6 in civil prison for violation of injunction order, dated 19.06.2013.

3. Heard and perused the material available on record.

4. When the matter is taken up for hearing, it is informed by learned counsel for the respondents that I.A.No.285 of 2013 in A.T.C.No.1 of 2013 pending on the file of Special Officer for Tenancy Cases-cumJunior Civil Judge, Pithapuram, has already been dismissed on 01.08.2016 duly vacating the interim order, dated 19.06.2013, and hence, nothing survives in this revision petition. However, he further

submits that other application i.e., I.A.No.349 of 2015 filed by the petitioners is pending and a direction may be given to the Court below to dispose of the same as expeditiously as possible.

5. Considering the facts and circumstances of the case and considering the request made by counsel for the respondents, the Civil Revision Petition is disposed of directing the Court below to dispose of I.A.No.349 of 2015, if it is pending, as expeditiously as possible, preferably, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ JUSTICE RAJA ELANGO 24.08.2016 YVL THE HONOURABLE SRI JUSTICE RAJA ELANGO

CIVIL REVISION PETITION No.2510 OF 2016 Date: 24.08.2016 YVL