D.Prabhakar Rao v. Gajabinkar Narayana

HON'BLE SRI JUSTICE S.V.BHATT CIVIL REVISION PETITION No.3497 of 2018 ORDER:

Heard Mr.M.Rama Rao for revision petitioner and Mr.Bethi Venkateshwarlu for respondent.

The revision petitioner-appellant filed A.S.No.1 of 2017 in the Court of Senior Civil Judge, Siricilla, challenging the decree and judgment dated 18.01.2017 in O.S.No.22 of 2009. The revision petitioner filed I.A.No.166 of 2018 under Order 41 Rule 5(3) read with Sec tion 151 of CPC for staying the execution of judgment and decree in O.S.No.22 of 2009. The suit is for declaration and perpetual injunction restraining the revision petitioner herein from interfering with the respondent's activities as Chairman of Avatar Mehar Baba Ashramam Charitable Trust. The revision petitioner sought for staying the operation of decree and judgment in O.S.No.22 of 2009. The learned appellate Judge through the order impugned declined the prayer in I.A.No.166 of 2018. Hence, the revision. The learned Appellate Judge in the order impugned observed that the appeal suit can be proceeded with instead of taking up I.A.No.166 of 2018.

Learned counsel appearing for parties agree for disposing of the appeal as expeditiously as possible, preferably within four weeks from the date of receipt of a copy of this order.

Keeping in view the submission of learned counsel appearing for parties, the Civil Revision Petition is disposed of by this order.

(a) A.S.No.1 of 2017 is directed to be disposed of as expeditiously as possible, preferably within four weeks from the date of receipt of a copy of this order.

(b) The parties are directed to maintain statusquo as on date, as regards physical features and possession of the subject institution, for a period of five weeks from today.

(c ) The parties if do not co-operate for disposing of the appeal, the appellate c ourt is given liberty to record reasons and proceed to hear the case under Order 41 Rule 19 CPC.

Miscellaneous petitions, if any, pending, shall stand closed. No order as to costs.

_____________ S. V. BHATT, J Date:29.06.2018 Note:

Registry is directed to communicate this order to the learned Senior Civil Judge, Siricilla, forthwith.

(B/ o) Prv