THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.2148 of 2014 Date:18.07.2014 Between:
Smt. Divi Sowbhagya Lakshmi . Petitioner.
AND Savaravilli Ramu and others.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.2148 of 2014 ORDER:
This revision is preferred against orders dated 02-04-2014 in CMA No.21/2012 on the file of District Judge, Vizianagaram whereunder orders dated 02-07- 2012 in I.A.No.678/2012 in O.S.No.199/2012 on the file of Principal Junior Civil Judge, Vizianagaram was confirmed.
2. Heard the Advocate for petitioner.
3. Advocate for petitioner submitted that both the Courts erred in appreciating the documents filed on behalf of the plaintiff who is the owner of the plaint schedule property.
He submitted that when the plaintiff intended to construct a building in the disputed property, the defendants in order to encroach into the schedule property were making efforts, therefore she filed a suit for permanent injunction but both the Courts without considering the documents dismissed claim of the plaintiff.
4. I have perused the orders of both Courts and as seen from the orders, it appears that there is some discrepancy with regard to identity of the property and also the permission granted by the panchayat for construction of shops in the disputed property. On a perusal of the material papers, I feel that this matter require trial and only during trial, these discrepancies can be clarified. Since there is discrepancy and ambiguity in respect of disputed property, both the Courts have not granted the equitable relief of injunction and I do not find any wrong in the approach of the trial Court and appellate Court in rejecting the relief of injunction to the petitioner-plaintiff. Considering the contentions and rival contentions of both the parties, I feel that the trial Court is to be directed to dispose of the suit as expeditiously as possible.
5. Accordingly, revision is dismissed directing the Court below to dispose of the main suit as expeditiously as possible without being influenced by any of the observations made by this Court and also by the appellate Court in CMA.No.21/2012.
6. As a sequel, miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:18.07.2014 mrb