Namireddy Chandra Reddy v. Chinthoju Radhamma

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO Civil Revision Petition No.1097 of 2015 O R D E R:

Heard.

This Civil Revision Petition arises out of the order in CMA No.12 of 2014 passed by the Additional District Judge, Miryalaguda, dismissing the appeal filed by the petitioners herein and confirming the order in I.A.No.468 of 2013 dated 21.10.2013 passed by the learned Principal Junior Civil Judge, Miryalaguda in O.S.No.198 of 2013.

The petitioners herein are defendants 1 to 3 in the main suit. The suit was filed for perpetual injunction in respect of an extent of Ac.0-23 guntas in S.No.535/A3 and Ac.0-02 guntas in S.No.535/A2/1 of Rudraram village, Miryalaguda Mandal, Nalgonda District. Initially, in the said suit a temporary injunction was granted in favour of the plaintiffs and upon filing the counteraffidavit of the defendants, the order of temporary injunction was modified to the order of "status quo" till disposal of the main suit. Against the said order, the defendants/petitioners herein preferred CMA No.12 of 2014 and the same was dismissed on 23.09.2014. Against the said order, the present CRP is filed. Since the suit is for permanent injunction and the order of status quo has been continuing since October, 2013, this Court feels that the said order cannot be modified or interfered at this stage when the main suit is pending. In the circumstances, the Civil Revision Petition is dismissed, but the

lower Court is directed to dispose of the suit, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions pending, if any, shall stand closed. __________________________ A. RAMALINGESWARA RAO,J Dt. 17th April, 2015 PNV