Single judge civil revision petition dismissed as court declined to interfere with existing temporary injunction amid extended timeline for disposal of main suit.
Civil Revision Petition dismissed; time granted to lower court to dispose main suit by 30.09.2016.
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THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.3820 of 2015
ORDER:
This Civil Revision Petition is filed challenging the order in C.M.A. No.7 of 2014 dated 24.04.2015, passed by VI Additional District Judge, Anantapur at Gooty, confirming the order of the Junior Civil Judge, Tadpatri in I.A. No.44 of 2013 dated 08.05.2014, granting temporary injunction in favour of the plaintiff in O.S.No.31 of 2013.
The trial Court in a suit for permanent injunction granted temporary injunction on 08.05.2014. The said order was not suspended by the lower appellate Court during the course of hearing in C.M.A. No.7 of 2014 and ultimately C.M.A. No.7 of 2014 was dismissed on 24.04.2015 confirming the order passed by the trial Court.
When the matter is taken up for admission in February 2016, in view of the continuation of the order of injunction in favour of the respondent-plaintiff, this Court is not inclined to interfere with the temporary injunction, granted by the trial Court and as confirmed by the lower appellate Court.
Though the lower appellate Court, by its order dated 24.04.2015, directed the trial Court to dispose of the main suit within six months, it appears that the suit was not disposed of. In the circumstances, time is granted to the trial Court to dispose of the suit as expeditiously as possible, but not later than 30.09.2016.
Accordingly, this Civil Revision Petition is dismissed. No order as to costs.
Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.
A.RAMALINGESWARA RAO, J 12.02.2016 MVA
Civil Revision Petitioner
A. Ramalingeswara Rao
As recorded by the court registry
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