High Court for State of TelanganaCRP/6076/2016allowed no costs

V. Ravi, v. T. Bhaskar,

2016-12-16C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVSION PETITION No.6076 OF 2016 ORDER:

The Civil Revision Petition, under Article 227 of the Constitution of India, is preferred by the petitioners-defendants seeking a direction for early disposal of CMA No.37 of 2015 pending on the file of the X Additional District Judge's Court, Tirupathi.

Heard the learned counsel for the petitioners. There is no necessity to put the sole respondent on notice since this Court is not venturing to adjudicate the case on merits. The facts leading to filing of the present revision are as follows:

Respondent herein is the plaintiff in O.S.No.196 of 2014 on the file of the Senior Civil Judge's Court, Puttur, filed for grant of permanent injunction in respect of plaint schedule properties. Along with the suit, the plaintiff also filed I.A.No.1248 of 2014 seeking grant of temporary injunction, which was allowed by the trial Judge vide order dated 13.11.2015. Aggrieved over the same, defendants therein i.e. the revision petitioners herein preferred CMA No.37 of 2015 and the same is pending consideration before the X Additional District Judge, Tirupati. Since no orders are passed in the said appeal till date, present revision is filed by the defendants seeking a direction to the appellate Court to dispose of the CMA at the earliest.

As seen from the record, CMA No.37 of 2015 is filed questioning the orders dated 13.11.2015 passed in an

interlocutory application wherein temporary injunction was granted restraining the revision petitioners herein. Having regard to the same and since the CMA is of the year 2015, the X Additional District, Tirupathi, is directed to dispose of CMA No.37 of 2015, as early as possible, preferably within a period of 3-6 months from the date of receipt of a copy of this order, in accordance with law.

Accordingly, the Civil Revision Petition is allowed. No order as to costs.

Miscellaneous petitions pending in this revision, if any, shall stand closed.

________________________ C. PRAVEEN KUMAR, J Date: 16.12.2016 sur