Hasthavaram Uma Maheswar Reddy v. Hasthavaram Suneel Kumar Reddy

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CIVIL REVISION PETITION No.2029 of 2016 ORDER :

The Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner/ plaintiff, aggrieved by the nondisposal of I.A. No.2254 of 2011 in O.S. No.246 of 2011 by the Court of Senior Civil Judge, Rajampet.

2) Heard learned counsel for the petitioner/ plaintiff and perused the material on record, which indicates that the suit is filed for permanent injunction in O.S. No.246 of 2011 on the file of Senior Civil Judge, Rajampet, which is pending for trial. Pending suit, the petitioner/ plaintiff filed I.A. No.2254 of 2011 for temporary Injunction.

3) A perusal of the docket order shows that the respondents/ defendants taken time and originally there was a status quo order granted on 21.12.2011 against both parties until further orders. As can be seen from the record, it is still in force. It is the grievance of the petitioner that by virtue of the status quo, the defendants/ respondents are trying to take possession and even he is reporting ready, the respondents are not getting ready for disposal before the trial Court presiding by FAC officer, who is sitting in the Camp Court every week at Rayachoti.

4) Having regard to the factual matrix, the trial Court is required, by virtue of this order, to give disposal of I.A. No.2254 of 2011 within three (3) months from the date of receipt of the order. Needless to say, the suit is of the year 2011 and give disposal preferably within three to four months without disturbing priority disposals and if necessary, by appointing advocate commissioner to record evidence of both parties before disposal.

5) With the above direction, the Revision is disposed of. No

order as to costs.

6) Miscellaneous petitions pending, if any, in the Civil Revision Petition shall stand closed.

__________________________ Dr. B. SIVA SANKARA RAO, J 22.04.2016 knl