Court dismissed the Civil Revision Petition challenging an order of status quo in a land dispute without examining merits, citing procedural bar regarding the cancellation of the underlying factual certificate.
Civil Revision Petition is dismissed without going into merits of the case.
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HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
Civil Revision Petition No.2541 of 2015
Date: 20-11-2015
Between:
A. Rathnamma and 3 others
.... Petitioners
AND
Nare Subramanyam
.... Respondent
HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
Civil Revision Petition No.2541 of 2015
ORDER:
The petitioners are plaintiffs in O.S.No.125 of 2014 on the file of Senior Civil Judge, Srikalahasthi and the plaintiffs filed the said suit seeking permanent injunction in respect of Ac.0.30 cents of land in Survey No.58/1 of Baitakodiyambedu village, Nagalapuram Mandal, Chittoor District. In the said suit, the petitioners filed I.A.No.705 of 2014, seeking to grant temporary injunction restraining the respondent/ defendant from interfering with petitioners’ peaceful possession and enjoyment of the petition schedule property and after considering rival contentions and the documents on record, the Court below passed an order on 18-03-2015 granting status quo to be maintained by both parties. The present Civil Revision Petition is filed by the plaintiffs seeking modification of the said order to that of temporary injunction pending disposal of the suit.
Learned counsel for the respondent-defendant submits that Ex.P.3-Certificate issued by the Panchayat Secretary on the basis of which the order of status quo was granted by the trial Court was cancelled subsequently by the Gram Panchayat and in that view of the matter, even the order of status quo itself was not proper.
However, since the present civil revision petition is filed challenging the order of status quo granted, in view of the submission made by the learned counsel for the respondent-defendant, without going into the merits of the case, this Civil Revision Petition is dismissed.
A.
RAMALINGESWARA RAO, J
Date: 20-11-2015
Ksn
2 issues framed by the court
Whether the Civil Revision Petition challenging the status quo order should be allowed in view of the cancellation of the underlying certificate.
Whether to modify the order of temporary injunction in the underlying suit.
A. Rathnamma and 3 others
Nare Subramanyam
A. RAMALINGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
