G. Madhusudhan Reddy v. Sardar Surender Singh

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON NO.3825 OF 2018

O R D E R

This civil revision petition under Article 227 of the Constitution arises out of the order dated 27.06.2018 passed by the learned V Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, in I.A.No.740 of 2018 in O.S.No.569 of 2018. The petitioners are the plaintiffs in the said suit which was filed for a perpetual injunction restraining the defendants from interfering with the construction/development work being carried on by the plaintiffs as per the permission granted by the Greater Hyderabad Municipal Corporation over the suit schedule property, an extent of Ac.1.20 guntas in Sy.No.2 of Attapur, Rajendranagar Mandal, Ranga Reddy District. By order dated 06.07.2018, this Court granted interim suspension of the order under revision. This order reads as follows: 'Perusal of the Docket Order dated 27.06.

2018 does not reflect any adjudication in I.A.No.740 of 2018 filed in the suit despite the fact that counters were filed by the contesting respondents. Prima facie, there was no call for the trial Court to convert the interim injunction granted earlier to one of status quo. All the more so, when construction in the suit schedule property is being undertaken pursuant to the construction permission granted by the municipal authorities.

There shall accordingly be interim suspension as prayed for.' Sri V.Ramakrishna Reddy, learned counsel, entered appearance for respondents 1 to 6 and Sri B.Vijaysen Reddy, learned counsel, entered appearance for respondent 7. Both learned counsel state that as the direction of the trial Court to maintain status quo was only pending further hearing of the I.A., the civil revision petition may be allowed setting aside the direction of the trial Court to maintain status quo. Learned counsel

would further state that a direction may be given to the trial Court to dispose of the subject I.A. as expeditiously as possible as arguments have already been heard in part therein.

Accepting the statements of the learned counsel, this civil revision petition is allowed setting aside the direction of the trial Court to maintain status quo as per its order dated 27.06.2018 passed in the subject I.A. The trial Court shall take up the subject I.A. for hearing and dispose it of as expeditiously as possible on its own merits and in accordance with law, uninfluenced by any observations made by this Court. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

_______________ SANJAY KUMAR, J 16th JULY, 2018 Svv