High Court disposed of a civil revision petition against an interlocutory order. It directed the lower court to finally dispose of the suit within four months while maintaining the injunction status quo.
Directed lower court to dispose of the suit within four months; interim injunction maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
CIVIL REVISION PETITION No.4268 of 2010
ORDER :
This revision is filed by the petitioners/ defendants 5 and 6, aggrieved by the order dated 30.08.2010 in I.A.No.496 of 2010 in O.S.No.112 of 2010 passed by the Senior Civil Judge, Kovvur.
Heard.
The interim order passed by this Court, on 15.09.2010, in C.R.P.M.P.No.5680 of 2010 reads as follows:
“ There shall be interim suspension as prayed for, subject to condition, respondents 2 to 5 shall not sell or register or create any third party encumbrance against 1/ 5th share of the property in question, until further orders.”
Though, the impugned order of the lower Court is lacunic for want of cogent reasons, as injunction order is in force all through from the date and year of the suit in 2010 and the suit is of seven years old, there is nothing at this stage, to vacate the injunction but to sub-serve the ends of justice, to maintain existing status quo and the lower Court is directed to dispose of the suit within four months from the date of receipt of copy of this order, if not already disposed of. Needless to say, it will not affect any progress of the compromise alleged by the learned counsel for the petitioners.
2
With the above observations and directions, the Civil Revision Petition is disposed of.
Consequently, miscellaneous petitions, if any, pending shall stand closed. No costs.
_________________________ Dr. B. SIVA SANKARA RAO, J
Date:20-11-2017 pab
1 issue framed by the court
Whether interim suspension of injunction should be vacated in a suit pending for seven years.
Petitioners/ Defendants 5 & 6
Respondents
B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
