The High Court declined to entertain two common civil revision petitions challenging dismissal of injunction applications in suits, directing the Trial Court to conclude trial within six months instead.
Direction to trial court to complete trial of O.S.Nos. 420 and 421 of 2009 within six months.
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HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
CIVIL REVISION PETITION NOS. 628 & 759 OF 2015
COMMON ORDER:
Since both the cases arise out of common cause of action, both the Civil Revision Petitions are being disposed of by this common order.
The petitioners are the plaintiffs in O.S.Nos. 420 & 421 of 2009 on the file of Additional Junior Civil Judge-cum-XVII Metropolitan Magistrate, Cyberabad, Rajendra Nagar. They filed the above suits seeking permanent injunction against the respondents herein, who are common in both the suits. Though the trial Court initially granted temporary injunction in I.A.Nos. 141 and 142 of 2009, after hearing both sides, dismissed the said applications by order dated 19.3.2009. Against the said order petitioners herein preferred C.M.A.Nos. 552 and 553 of 2009 before the learned XIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar. During the pendency of the above Civil Miscellaneous Appeals, there was no injunction in favour of the petitioners herein. Ultimately, the CMAs were dismissed by order dated 30.6.2014 confirming the order passed by the trial Court.
In the circumstances, this Court is not inclined to entertain the present Civil Revision Petitions. But however, directs the learned Additional Junior Civil Judge-cum-XVII Metropolitan Magistrate, Cyberabad at Rajendra Nagar, to complete the trail of O.S.Nos. 420 and 421 of 2009, as expeditiously as possible and dispose of the suits within a period of six months from the date of receipt of a copy of this order. It is needless to observe that since these suits are for injunction, both the parties shall cooperate with the trial Court for disposal of the suits.
Accordingly, these two Civil Revision Petitions are disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.
A. RAMALINGESWARA RAO, J
Date: 16.11.2015
KA
2 issues framed by the court
Whether the High Court should entertain civil revision petitions challenging dismissal of applications for permanent injunction in suits pending before trial court.
Whether direction to complete trial of suits within six months is appropriate.
Petitioners (Plaintiffs in O.S.Nos. 420 & 421 of 2009)
Respondents
A. RAMALINGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
