R Saraswathi vs V Venkatrao

         HON'BLE SRI JUSTICE R RAGHUNANDAN RAO

         CIVIL REVISION PETITION No. 1308 OF 2021


ORDER:

The petitioner had filed O.S. No. 71 of 2011 against the respondents herein before the Principal Junior Civil Judge, Narasaraopet for an injunction restraining the respondents from interfering with the possession and enjoyment over the suit schedule property. The petitioner was granted an interim injunction before the trial court. However, suit was dismissed by Judgment and decree dated 14.03.2016. Aggrieved by the same, the petitioner has filed A.S.No.48 of 2016 before the XIII Additional District Judge, Narasaraopet. The petitioner also filed I.A. No. 371 of 2016 for an interim injunction restraining the respondents from alienating the schedule property pending disposal of the appeal. This application filed in the year 2016 remains on the file of the appellate court and has not been disposed of despite passage of more than five years.

2. Non-disposal of such an interlocutory application while the appeal is pending is clear miscarriage of justice. Accordingly, this Revision Petition is allowed directing the XIII Additional District Judge Narasaraopet, Guntur to dispose of I.A. No. 371 of 2016 within a period of three months from the date of receipt of a copy of this order. 2

3. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_______________________________ JUSTICE R RAGHUNANDAN RAO Issue cc by Monday.

Date: 02.12.2021 Psr.

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HON'BLE SRI JUSTICE R RAGHUNANDAN RAO (Allowed) C.R.P No. 1308 of 2021 Dated 02.12.2021 Psr.