M Padamasri v. Karjala Reddappa Choudary

HON'BLE SRI JUSTICE SURESH KUMAR KAIT CIVIL REVISION PETITION No.5455 of 2018 ORDER : (Oral) Vide the present petition, the petitioners have challenged the order dated 20th July, 2018, passed in I.A.No.348 of 2018 in O.S.No.83 of 2018, by the Senior Civil Judge, Repalle, whereby, status quo is granted till 10th August 2018, thereafter extended till 12th October 2018.

2.

It is admitted fact that the petitioners have not filed vacate petition against the order dated 20th July 2018 and have filed straightaway the present revision petition before this Court. As stated by the counsel for petitioners that in O.S.No.72 of 2015, wherein, the petitioners herein were plaintiffs, the trial Court, vide order dated 16th December 2017, granted permanent injunction restraining the defendants therein, including defendant No.1 in the present suit. However, this fact has not been brought to the notice of the trial Court.

3.

In view of above, I hereby dismiss the present revision petition by giving liberty to the petitioners to file vacate petition against the order dated 20th July 2018, which is extended upto 12th October 2018. On filing such vacate petition, the same shall

SKK, J CRP.No.5455 of 2018 be decided within four weeks from the date of its filing, after giving opportunities to both the parties.

4.

The revision petition is accordingly dismissed. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

________________________ SURESH KUMAR KAIT, J 20th September 2018 ajr