High Court for State of TelanganaCRP/1671/2015dismissed no costs

V. Damoder Shetty v. Pokala Prabhakar

2015-09-28A Ramalingeswara Rao3 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.1671 of 2015 ORDER:

The petitioners are defendants in O.S. No.99/2013, filed by the respondent/plaintiff on the file of the Court of Senior Civil Judge, Nagarkurnool, for injunction. In the said suit, the respondent herein filed I.A. No.326/2013 for temporary injunction and the said application was allowed by granting temporary injunction by order dated 21.08.2013. Against the same, the petitioners herein preferred C.M.A. No.24/2013 and the learned IX Additional District Judge, Wanaparthy, confirmed the order passed by the Senior Civil Judge, Nagarkurnool, by order dated 01.12.2014. Against the same, the petitioners filed the present Civil Revision Petition.

The learned Additional District Judge, Wanaparthy, in his order categorically stated that the present petitioners in their written statement stated that the plaintiff was in possession and enjoyment of the schedule land and that admission is sufficient to grant temporary injunction. Learned counsel for the petitioners states that the written statement was wrongly drafted and typed as the word "not" was omitted. I am not impressed by the said submission since no steps were taken by the petitioners for amendment of such wrongly typed written statement. In the circumstances, the order passed by the trial Court and as confirmed by the learned appellate Court do not warrant any interference, and this Civil Revision Petition is liable to be dismissed and is accordingly dismissed.

In view of the disposal of the present Civil Revision Petition, the learned Senior Civil Judge, Nagarkurnool, is directed to dispose of the suit as expeditiously as possible within a period of not less than six months from the date of receipt of a copy of this order. The miscellaneous petitions pending, if any, shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J 28.09.2015 MVA THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

CIVIL REVISION PETITION No.1671 of 2015 Date: 28.09.2015 MVA