High Court for State of TelanganaCRP/5014/2014dismissed no costs

Smt. T.Adilakshmi v. Thota Venkateswarlu

2015-02-05C.V.Nagarjuna Reddy3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.5014 of 2014 Dated 05.02.2015 Between:

Smt.T.Adilakshmi and 2 others

...Petitioners

and Thota Venkateswarlu

...Respondent

Counsel for the Petitioners: None Appeared Counsel for the respondent: --- The Court made the following:

Order:

This Civil Revision Petition arises out of Order, dated 05.12.2014, in IA.No.917 of 2014 in OS.No.1409 of 2014, on the file of the Court of the learned XVI Additional District & Sessions Judge, Ranga Reddy District at Malkajgiri.

At the hearing, there is no representation for the petitioners. I have perused the record.

The respondent has filed the abovementioned suit for partition and separate

possession of the suit schedule property. He has also filed IA.No.917 of 2014 for a direction to the petitioners not to alienate/mortgage/create their party rights over the said property. The lower Court, while ordering urgent notice and directing the case to be posted on 23-01-2015, directed both the parties to maintain status quo as on 05-12-2014. Feeling aggrieved by the said order, the defendants have filed this Civil Revision Petition.

Considering the fact that the lower Court has passed an ad interim order of status quo pending the Interlocutory Application while ordering notice, I am of the opinion that it is appropriate for the lower Court to dispose of the IA itself after hearing both sides. In this view of the matter, I do not find any reason to interfere with the impugned order of status quo. It is, however, made clear that the lower Court shall dispose of the IA on its own merits and without being influenced by the fact that an order of status quo was subsisting while disposing of the same.

Subject to the above direction, the Civil Revision Petition is dismissed.

As a sequel to dismissal of the Civil Revision Petition, CRPMP.No.6815 of 2014, filed by the

petitioners for interim relief, is dismissed as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 5th February, 2015 LUR