Citation : 2022 Latest Caselaw 2688 Tel
Judgement Date : 14 June, 2022
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CIVIL REVISION PETITION No.5014 of 2012
ORDER :
1. This revision petition is filed by the plaintiff, aggrieved by
the orders of dismissal dated 06.09.2012, in I.A.No.578 of 2010 in
O.S.No.489 of 2006 on the file of XI Additional District Judge
(FTC), Ranga Reddy District, which was filed by the plaintiff
under Order VI Rule 17 of CPC for amendment of plaint.
2. Heard both sides and perused the record.
3. On perusal of the docket proceedings, it is evident that on
10.10.2012, this Court issued notice to the respondent and directed
the trial Court to proceed with the trial in the suit, but shall not
pronounce the judgment till disposal of this revision petition. This
revision petition is of the year 2012 and since then, it is coming up
for hearing.
4. Before advancing the arguments, this Court sought for
information from the learned counsel for revision petitioner as to
the stage of the suit before the trial Court, as this Court directed the
GAC, J CRP.No.5014 of 2012
trial Court to proceed with the trial. The learned counsel brought
to the notice of this Court that a CMA i.e. C.M.A.No.197 of 2007
was filed by the revision petitioner/plaintiff against the orders in
I.A.No.1286 of 2006 under Order XXXIX Rules 1 and 2 of CPC
for grant of interim injunction restraining the respondents from
alienating, encumbering or otherwise changing the nature of the
petition schedule property. The trial Court initially granted
injunction order for a limited period and later dismissed the said
I.A.No.1286 of 2006 on 30.12.2006. The said CMA was also
disposed of by a Division Bench of this Court on 19.01.2022 with a
direction to dispose of the suit as expeditiously as possible
preferably within a period of Six months from the date of receipt of
the said order. Till then, the parties are directed to maintain
status quo. In view of the orders of the Hon'ble Division Bench,
the trial has commenced and the interim order dated 10.10.2012
passed in this revision petition directing the trial Court to proceed
with the trial but not to pronounce the judgment till disposal of the
revision, also became infructuous and nothing remains in this
revision petition for adjudication.
GAC, J CRP.No.5014 of 2012
5. Therefore, this revision petition is disposed of with a
direction to the trial Court to dispose of the suit expeditiously,
preferably within a period of Six months from the date of receipt of
a copy of this order. Parties are directed to maintain status quo
with reference to suit schedule property till disposal of the suit.
No order as to costs.
6. Pending miscellaneous applications, if any, shall stand
closed.
_________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 14.06.2022
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