Mandava Venkata Subbamma v. Alla Padmavathi

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO C.R.P.No.373 of 2017

ORDER

This Civil Revision Petition is directed against the order dated 09.08.2016 passed in C.M.A.No.06 of 2016 by the Principal District Judge, Prakasam at Ongole. The petitioner is the defendant and respondent is the plaintiff.

The respondent-plaintiff filed O.S.No.279 of 2015 for declaration and permanent injunction. She also filed I.A.No.926 of 2015 for temporary injunction, which was granted vide order dated 2.2.2016. Challenging the same, the petitioner-defendant preferred C.M.A.No.6 of 2016, whereunder the order passed by the learned Senior Civil Judge, Parchur, was confirmed by the learned Principal District Judge, Prakasam at Ongole. Aggrieved by the same, the present civil revision petition is filed. Since both the Courts below concurrently held in favour of the plaintiff, this Court is not inclined to interfere with the order impugned, more so, when the main suit is pending for disposal before the Court below.

In the circumstances, learned Senior Civil Judge, Parchur, is directed to take up the main suit and dispose of the same as expeditiously as possible, in not less than six

months from the date of receipt of a copy of this order. It is needles to observe that both the parties shall co-operate for disposal of the suit.

Civil Revision Petition is disposed of accordingly. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

___________________________________ JUSTICE A.RAMALINGESWARA RAO 17th February, 2017 rkk