Gurrala Srisailam vs Boga Vijay Bhasker

Citation : 2022 Latest Caselaw 4617 Tel
Judgement Date : 14 September, 2022

Telangana High Court
Gurrala Srisailam vs Boga Vijay Bhasker on 14 September, 2022
Bench: A.Santhosh Reddy
THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

                     C.R.P.No. 3461 OF 2017
ORDER:

This civil revision petition is filed assailing the judgment dated 07.06.2017 in C.M.A.No.2 of 2016, on the file of the VII-Additional District & Sessions Judge, Medak, wherein the said appeal filed by the appellants-defendants was dismissed, confirming the order dated 04.02.2016 in I.A.No.210 of 2015 in O.S.No.47 of 2015, on the file of the Junior Civil Judge, at Narsapur, Medak District.

2. Heard learned counsel for the petitioners and learned counsel for the respondent. Perused the material on record.

3. The respondent-plaintiff filed a suit for perpetual injunction in O.S.No.47 of 2015 against the petitioners-defendants. Along with the suit, he filed I.A.No.210 of 2015 for grant of temporary injunction in respect of the petition schedule property situated in Sy.No.570/A, admeasuring Acs.2-06 Gts., in Ootla Village, Jinnaram Mandal, Medak District. The petitioners-defendants filed counter in the said application. The trial court, after hearing 2 both the counsel and after considering the documents filed by the plaintiff i.e., Exs.P-1 to P-24 and the documents filed by the defendants i.e., Exs.R-1 to R-68, granted temporary injunction in favour of the plaintiff restraining the defendants from interfering with the possession of the plaintiff over the petition schedule property. Being aggrieved, the defendants preferred civil miscellaneous appeal before the appellate court.

4. The appellate court, after hearing both the counsel and after considering the material on record, dismissed the civil miscellaneous appeal by confirming the orders passed by trial court. Challenging the same, the present revision is filed by the defendants.

5. During the course of hearing, learned counsel for the petitioners-defendants submits that the suit is coming up for trial and instead of deciding the legality of the impugned order, the trial court may be directed to take up the main suit and complete the trial and to dispose of the same expeditiously. On the other hand, learned counsel for the respondent also conceded to the same. 3

6. In view of the submissions of learned counsel appearing for both parties and in order to meet the ends of justice, the trial court is directed to dispose of the suit O.S.No.47 of 2015, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order, since the suit pertains to the year 2015.

7. The civil revision petition is, accordingly, disposed of with the above direction.

8. Pending miscellaneous petitions, if any, stand closed.

_______________________ A.SANTHOSH REDDY, J 14.09.2022 Lrkm/plp