Andhra Pradesh High Court - Amravati
Gali Sudarsana Naidu vs Gali Gunasekhar Naidu on 4 March, 2021
Bench: K Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.6189 of 2018
ORDER :
This Civil Revision Petition is filed by the petitioner against
the Judgment and decree, dated 3.8.2018 passed in C.M.A.No.4 of
2017 on the file of the Court of learned Senior Civil Judge,
Srikalahasthi, confirming the order and decree, dated 19.12.2016
passed in I.A.No.799 of 2016 in O.S.No.135 of 2016 on the file of
the Court of Principal Junior Civil Judge, Srikalahasthi.
2. Brief facts of the case are that the petitioner herein filed a
suit in O.S.No.135 of 2016 on the file of the Court of learned
Principal Junior Civil Judge, Srikalahasthi, against the
respondents herein seeking permanent injunction restraining them
from interfering with his peaceful possession and enjoyment of the
suit schedule property. Along with the suit, he also filed
I.A.No.799 of 2016 in O.S.No.135 of 2016 under Order XXXIX,
Rule-1 Code of Civil Procedure, 1908, seeking temporary
injunction, till the disposal of the suit. The respondents contested
the said I.A. by filing a counter and stated that the petitioner was
not in possession of the suit schedule property and due to
differences between them, the petitioner herein resorted to file the
said suit. The learned trial Judge after going through the entire
material on record and after considering all the aspects, dismissed
the said I.A.No.799 of 2016 in O.S.No.135 of 2016 on 19.12.2016.
Aggrieved by the said order, the petitioner filed C.M.A.No.4 of 2017
on the file of the Court of Senior Civil Judge, Srikalahasti. After
elaborate discussion, the learned Appellate Judge dismissed the
above said appeal on 3.8.2018 by confirming the order and decree
passed in I.A.No.799 of 2016 in O.S.No.135 of 2016. Aggrieved by
the same, the petitioner herein filed the present civil revision
petition.
3. Heard learned counsel for the petitioner and learned counsel
for the respondents.
4. Learned counsel for the petitioner submits that the
petitioner and 1st respondent are brothers and they constitute
Hindu joint family. He further submits that as per oral partition
among the family members in the year 1992, Item Nos.1 & 2 of the
suit schedule properties fell to the share of petitioner. Since then,
the petitioner has been in exclusive possession and enjoyment over
the same. He also stated that the petitioner filed several writ
petitions against the authorities before this Court, when they tried
to interfere with his possession and enjoyment of the said property.
As such, the petitioner sought for temporary injunction as he has
been in exclusive possession of the petition schedule property.
5. On the other hand, learned counsel for the respondents
submits that the petitioner has no right, interest, title and
enjoyment and possession over Item No.2 of petition schedule
property and he never in possession and enjoyment of the same.
He further contended that there are no reasonable and valid
grounds to entertain the said petition and the same is devoid of
merit and sought for dismissal.
6. Today, when the matter is taken up for admission, both the
parties have advanced their arguments elaborately and submitted
that instead of going into the merits and demerits of the case, they
seek a direction for expeditious disposal of the suit itself.
7. Considering the facts and circumstances of the case and also
the submissions of both the counsels, instead of going into the
merits and demerits of the case, this Court feels that the main suit
itself can be disposed of, as the suit is filed in the year 2016.
8. In that view of the matter, the learned Principal Junior Civil
Judge, Srikalahasthi, is directed to dispose of the suit in
O.S.No.135 of 2016 as expeditiously as possible preferably within a
period of six (06) months from the date of receipt of a copy of this
order. It is also made clear that both the parties have to
maintain status-quo with regard to plaint schedule property, till the
disposal of the suit.
9. With the above directions, the Civil Revision Petition is
disposed of. No order as to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall
stand closed.
_______________________
K. SURESH REDDY, J
4th March,2021.
RPD.
HON'BLE SRI JUSTICE K. SURESH REDDY
CIVIL REVISION PETITION No.6189 of 2018
Dated : 04.03.2021
RPD.
