HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 1487 OF 2014 DATED 5TH SEPTEMBER, 2014 BETWEEN Chellgurugula Kumara Swamy and anr ….Petitioners and Mohammad Moulana and anr ….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 1487 OF 2014 ORDER:
This Civil Revision Petition is filed against the order of the lower appellate Court dated 18.03.2014 passed in CMA.No. 10 of 2013 by the learned Principal Senior Civil Judge, Mancherial, Adilabad District confirming the order dated 03.05.2013 passed in I.A.No. 1043 of 2012 in O.S.No. 457 of 2012 by the learned Principal Junior Civil Judge, Mancherial, Adilabad District dismissing the application filed by the petitioners seeking temporary injunction in the suit for permanent injunction filed by them.
The petitioners’ claim that they are the absolute owners and possessors of the petition schedule house plot Nos. 1 and 2 admeasuring to an extent of 480 square yards situate in Sy.No. 29 of Theegalapahad Gram Panchayat of Mancherial Mandal against the rival claim of the first respondent who pleads that he is the absolute owner and possessor of the said land having purchased the same from the second respondent and that the same was considered by both the Courts below. The lower appellate Court held that in all series of registered transactions ranging for a period of 28 years that took place from 28.3.1983 to 21.7.2011, the extent of land i.e. 605 square yards remains same in the said series of transactions that situate in the same survey number, but in view of the plotting of the land into several bits or plots out of Ac.4.0 gunts and purchase of two plots out of the said bits or plots by the petitioners caused some misconception in their minds with regard to the claim made by the respondents. Both the Courts below held that there is a problem with regard to identification of the land involved in the suit. Accordingly the Courts below declined to grant temporary injunction to the petitioners pending disposal of the suit for permanent injunction.
Having gone through the judgments of the courts below, I do not see any illegality or irregularity committed by the Courts below in appreciating the evidence at the interlocutory stage. In view of the same, the Civil Revision Petition is liable to be dismissed .
The Civil Revision Petition is accordingly dismissed. However, it is made clear that since there is a serious contest with regard to the land purchased by the petitioners as against the rival claim of the respondents and in view of the submission made by the learned Counsel for the petitioners that the respondents are making hectic efforts to change the nature of the subject land, this Court is of the view that early disposal of the suit would meet the ends of justice. Accordingly, the learned Principal Junior Civil Judge, Mancherial, Adilabad District shall dispose of the suit-- O.S.No. 457 of 2012 as expeditiously as possible preferably with in a period of six months from the date of receipt of a copy of this order and both the parties in the suit shall cooperate for early disposal of the suit.
As a sequel to the disposal of the Civil Revision Petition, miscellaneous petitions pending consideration if any therein shall stand dismissed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
Dated 5th September, 2014.
Msnro