Shaik Khamar v. Majeti Chiranjeevi Praveen

HONOURABLE SRI J USTICE SURESH K UMAR K AIT CIVIL REVISION PETITION No. 4098 of 2016 ORDER:

Vide present petition, the petitioners seek setting aside of the order dated 22.04.2016 passed in I.A.No.2301 of 2014 in Trust OP.No.718 of 2014 by the learned District Judge, Guntur. Respondents 1 to 3 herein (Petitioners in Trust OP) filed I.A.No.2301 of 2014 under Order 39 Rules 1 and 2 CPC seeking interim injunction restraining the Respondents 4 to 12 and revision petitioners herein (respondents in Trust OP) from alienating the petition schedule properties either to first petitioner or second petitioner herein (10th or 11th respondents in Trust OP) or to any third parties pending disposal of the Trust OP. Learned Counsel appearing on behalf of the revision petitioners submits that the petitioners herein have purchased the land admeasuring Ac.0.87.

60 cents from respondents 4,5,6 and 8 herein in the year 2010 and since then they are in possession of the said land. However vide impugned order, the Court below granted interim injunction, due to which, the revision petitioners are unable to alienate the property to third party as per their wish. It is an admitted fact that since the date of purchase, the petitioners are in possession of the petition schedule property. Since the issue regarding the petition schedule property is pending adjudication before the Court below in Trust OP.No.

of 2014, I find no discrepancy in the order under revision if the petitioners are barred by the order from alienating the petition schedule land.

The Civil Revision Petition merits no consideration and is accordingly dismissed.

Miscellaneous petitions pending consideration if any in the Civil Revision Petition shall stand closed in consequence. No order as to costs.

-------------------------------------------- JUSTICE SURESH KUMAR KAIT DATED 24th November, 2016.

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