R Saraswathi vs V Venkatrao
2021 Latest Caselaw 4944 AP

         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.

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.

HON'BLE SRI JUSTICE R RAGHUNANDAN RAO

(Allowed)

C.R.P No. 1308 of 2021 Dated 02.12.2021

Psr.