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High Court for State of TelanganaCRP/1913/2015disposed of no costs

Indukuri Prabhavathi v. Pericherla Suseela Rani.

2015-05-14A V Sesha Sai4 pages

C.R.P.No.1913 of 2015 ORDER:

This Civil Revision Petition under Article 227 of the Constitution of India is filed, alleging action of the Agent to the Government, East Godavari district in not passing any orders in C.M.P.No.1 of 2015 in C.M.A.No.1 of 2015 against the order passed in I.A.No.5 of 2014 in O.S.No.1 of 2014 dated 8.4.2015 on the file of the Court of SubDivisional Magistrate, Mobile Court, Rampachodavaram, East Godavari district.

2. Defendants 2 to 5 in O.S.No.1 of 2014 on the file of Sub-Divisional Magistrate, Mobile Court, Rampachodavaram, East Godavari district are the petitioners in the present revision.

3. Heard Sri S.R.Sanku, learned counsel for the petitioners herein, apart from perusing the material available on record.

4. The 1st respondent herein filed O.S.No.1 of 2014 on the file of the Court of SubDivisional Magistrate, Mobile Court, Rampachodavaram, East Godavari district against the 2nd respondent herein and the petitioners seeking permanent injunction. In the said suit, defendants/petitioners herein also filed a written statement. In the said suit, the 1st respondent herein also filed I.A.No.5 of 2014 in O.S.No.1 of 2014 seeking temporary injunction. The learned Sub-Divisional Magistrate, Mobile Court, Rampachodavaram, by way of order dated 8.4.2015 granted temporary injunction. As against the said order of temporary injunction, the petitioners herein filed C.M.A.No.1 of 2015 before the Agent to the Government, East Godavari district at Kakinada.

5. The grievance precisely in the present revision is that the action on the part of the learned Agent to the Government in not passing any orders in C.M.A.No.1 of 2015.

6. Though a number of contentions have been raised by the learned counsel for the petitioners against the injunction granted by the learned Sub-Divisional Magistrate, Mobile Court, Rampachodavaram, this Court is not inclined to examine the same as the matter is pending consideration before the learned Agent to the Government. However, keeping in view the ends of justice, this Court deems it appropriate to direct the Agent to the Government, East Godavari district to pass appropriate orders in C.M.P.No.1 of 2015 in C.M.A.No.1 of 2015 as expeditiously as possible.

7. For the aforesaid reasons, the CRP is disposed of, directing the Agent to the Government, East Godavari district to pass appropriate orders in C.M.P.No.1 of 2015 in C.M.A.No.1 of 2015 as expeditiously as possible, preferably within a period of two months from the date of receipt of this order. ______________ A.V.SESHA SAI, J Date: 14.5.2015 DA

C.R.P.No.1913 of 2015 14.5.2015 `DA C.R.P.No.1913 of 2015

Date: 14.5.2015 Between:

Indukuri Prabhavathi and others.

... Petitioners and Pericherla Suseela Rani and another.

... Respondents