Church Of South India, Tamilnadu ... vs Christian Society Of India Trust, ...
2021 Latest Caselaw 232 AP

         THE HON'BLE SRI JUSTICE K. SURESH REDDY

           CIVIL REVISION PETITION No.5228 of 2016

ORDER :

This Civil Revision Petition is filed by the petitioner / plaintiff

against the Judgment dated 13.10.2016 passed in C.M.A.No.18 of

2016 on the file of the Court of VIII Additional District and

Sessions Judge, Chittoor District.

2. Heard learned counsel for the petitioner and learned counsel

for the respondent.

3. Brief facts of the case are that the petitioner herein is the

plaintiff in O.S.No.443 of 2015 on the file of Court of Principal

Senior Civil Judge, Chittoor. The petitioner / plaintiff filed the

above suit against the respondent herein seeking permanent

injunction. Pending the above suit, plaintiff filed I.A.No.1134 of

2015 seeking temporary injunction under Order XXXIX Rule-1

Code of Civil Procedure,1908. After elaborate discussion, the trial

Court allowed the said IA by order dated 4.8.2016 and granted

temporary injunction, pending disposal of the said suit. Aggrieved

by the same, the respondent herein filed an appeal in C.M.A.No.18

of 2016 on the file of the Court of VIII Additional District and

Sessions Judge, Chittoor District. After considering entire material

on record, the appellate Court allowed the said appeal on

13.10.2016 by setting aside the orders passed in I.A.No.1134 of

2015 in O.S.No.443 of 2015, dated 4.8.2016 by the Principal

Senior Civil Judge, Chittoor.

4. Aggrieved by the said judgment in C.M.A.No.18 of 2016, the

petitioner herein filed the present civil revision petition.

5. This Court at the time of admission passed an interim order

directing both the parties to maintain status quo in all respects

pertaining to the property in question and the same was extended

from time to time. Today, the present case is listed for final

hearing.

6. Considering the facts and circumstances of the case, instead

of going into the merits and demerits of the case at interlocutory

stage, this Court feels that the main suit itself can be disposed of,

as the suit is initiated in the year 2015.

7. In that view of the matter, the learned Principal Senior Civil

Judge, Chittoor, is directed to dispose of the suit in O.S.No.443 of

2015 as expeditiously as possible preferably within a period of six

(06) months from the date of receipt of a copy of the order. It is

also further directed that till disposal of the above suit, both the

parties are directed to maintain status quo in all respects.

8. With the above direction, the Civil Revision Petition is

disposed of. There is no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall

stand closed.

_______________________ K. SURESH REDDY, J 20th January,2021.

RPD.

HON'BLE SRI JUSTICE K. SURESH REDDY

CIVIL REVISION PETITION No.5228 of 2016

Dated : 20.01.2021

RPD