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High Court for State of TelanganaCRP/5171/2015disposed of no costs

Smt, Jallavaram Savithri Bai, v. The Chief Managing Director,

2015-11-27M.Seetharama Murti4 pages

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CIVIL REVISION PETITION No.5171 OF 2015 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the action of the VI Additional District Judge's Court at Godavarikhani in not passing any order in I.A.No.219 of 2015 in O.S.No.10 of 2015 pending on its file.

2. Petitioners/plaintiffs filed the aforementioned suit to declare that they are entitled to the compensation amount of Rs.2,74,29,200/- with other benefits and interest as per the terms of compromise in L.A.A.S.No.227 of 2006 dated 14.2.2015 over the suit schedule property and future interest at 12% p.a. from the date of the suit till the date of full realization of amount. Pending suit, the plaintiffs filed the aforementioned Interlocutory Application seeking ad-interim injunction restraining defendant Nos.1 to 3 from disbursing the compensation amount to defendant Nos.4 to 39 over the petition schedule property till the disposal of the case.

3. Heard the learned counsel for the petitioners and perused the record.

4. It is to be noted that the present C.R.P. is filed questioning the action of the Court below in not passing any order in I.A.No.219 of 2015 in O.S.No.10 of 2015. It is urged that the petitioners would be put to great prejudice and loss if the amount is disbursed to the unofficial respondents. It would be wholly improper to exercise the powers conferred under Article 227 of the Constitution of India and pass orders in the said I.A., when the same is still pending consideration before the trial Court.

5. Having regard to the circumstances stated above, the Civil Revision Petition is disposed of directing the VI Additional District Judge at Godavarikhani to pass orders in I.A.No.219 of 2015 in O.S.No.10 of 2015, in accordance with law, as expeditiously as possible, preferably, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

6. Miscellaneous Petitions pending, if any, in this Civil Revision Petition shall stand closed.

____________________________ JUSTICE C.PRAVEEN KUMAR Date:27.11.2015 AMD THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

CIVIL REVISION PETITION No.5171 OF 2015

DATE:27.11.2015 AMD