Baki Yadaiah v. Depa Venkat Reddy

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.2066 of 2013 ORDER:

This Civil Revision Petition is filed against the order of the learned I Additional District Judge at Nalgonda in C.M.A.No.16 of 2012 dated 27.09.2012, confirming the order in I.A.No.370 of 2012 in O.S.No.103 of 2012 dated 03.05.2012 passed by the learned Junior Civil Judge, Nalgonda.

The defendants in the suit are the petitioners herein. The plaintiffs filed the suit for perpetual injunction. Along with the suit, they filed I.A.No.370 of 2012 seeking temporary injunction, and the same was granted on 03.05.2012. Against the said order, the defendants preferred C.M.A.No.16 of 2012, and the same was dismissed on 27.09.2012. Challenging the same, the present Civil Revision Petition is filed. The suit schedule property is of an extent of 5939 square yards house plots in Survey Nos.1350, 1351, 1355 and 1356 of Arjalabavi, H/o.Pangal Village in Nalgonda Mandal and District. Thus, the plaintiffs are enjoying the benefit of temporary injunction that was granted in their favour since 03.05.2012.

Since the suit itself is for permanent injunction, this Court is not inclined to go into the merits of the case at this stage and feels that this Civil Revision Petition can be disposed of with a direction to the trial Court - the learned Junior Civil Judge, Nalgonda, to dispose of the main suit itself within a period of six months from the date of receipt of a copy of this order, and both the parties are directed to cooperate for the disposal of the suit.

The Civil Revision Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall

be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 13.03.2015 vs