Melam Anand, Chittoor Dist And Another v. Melam Chandramma, Chittoor Dist

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO CRP.No.5943 of 2017 ORDER :

Heard Sri V. Jagapathi, counsel for petitioners, and Sri A. Eshwar, counsel for respondent.

2.

The respondent herein filed O.S.No.8 of 2016 on the file of Junior Civil Judge, Puttur for a perpetual injunction restraining the petitioners from interfering with his peaceful possession and enjoyment of the plaint 'A' schedule property, admitting that plaint 'B' schedule property belongs to him.

3.

Along with the suit, the respondent herein filed I.A.No.67 of 2016 under Order XXXIX Rules 1 and 2 of Civil Procedure Code for a temporary injunction against petitioners in respect of plaint 'A' schedule property.

4.

Counter-affidavit was filed by petitioners opposing the same. 5.

Though respondent marked Exs.A.1 to A.11, the petitioners did not mark any documents on their behalf, and their counsel did not make any submissions before the Trial Court. Therefore, ad-interim injunction granted by the trial court on 28.1.2016 was made absolute on 28.11.2016 by the Trial Court, after giving a finding that the respondent had prima facie possession and enjoyment of the plaint 'A' schedule property and balance of convenience was in her favour.

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6.

Assailing the same, the petitioners filed C.M.A.No.35 of 2016 before the Senior Civil Judge, Puttur.

7.

In the said appeal, the petitioners filed I.A.No.166 of 2016 under Order 41 Rule 27 of Civil Procedure Code to receive certain documents.

8.

However, the said appeal was dismissed while allowing the said application by the Senior Civil Judge, Puttur who concurred with the findings of the Trial Court in I.A.No.67 of 2016. 9.

Assailing the same, the present Civil Revision Petition is filed. 10.

The counsel for petitioners sought to contend that the findings recorded by both the Trial Court as well as the lower appellate court are not correct.

11.

Having regard to the fact that pleadings are now complete and the matter is ripe for trial, without giving any findings on the merits of the contentions of either parties, the Civil Revision Petition is disposed of directing the Trial Court to decide the suit as expeditiously as possible preferably within one (01) years from the date of receipt of copy of the order.

12.

The Trial Court is directed not to be influenced by its observations in the order in I.AN.o.67 of 2016 or in CMA.no.35 of 2016 while deciding the suit.

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13.

Accordingly, the Civil Revision Petition is disposed of with the above directions. No order as to costs.

14.

As a sequel, miscellaneous petitions pending if any in this Civil Revision Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 31.01.2018 Ndr/*