HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1983 of 2013 Date : 24-4-2014 Between:
Maddala Rama Rao ..
Petitioner And Malisetty Kishore Raja and others .. Respondents Counsel for petitioner : Smt. V. Dyumani Counsel for respondents : Sri P. Suresh The Court made the following:
ORDER:
This Civil Revision Petition is filed against order and decree dated 20-9-2012 in I.ANo.194/2012 in O.S.No.20/2012 on the file of the learned Junior Civil Judge, Parchur.
The petitioner filed the above mentioned suit for permanent injunction restraining the respondents from interfering with their peaceful possession and enjoyment of the suit schedule property shown as ABCDEFGC. The petitioner has also filed I.A.No.194/2012 in the said suit for temporary injunction. The trial court, by order dated 20-9- 2012 granted injunction in favour of the petitioner. Feeling aggrieved thereby, the respondents herein have filed C.M.A.No.8/2012. By order dated 6-2-2013, the learned Senior Civil Judge, Parchur, allowed the appeal by reversing the order of the trial Court. Assailing the said order, the petitioner/plaintiff filed this Civil Revision Petition.
At the hearing, the learned Counsel for the respondents submitted that to the extent of the structure raised by the petitioner, his client has no objection for completing the same. He has further stated that his client’s house is situated a few feet behind the suit schedule structure on the southern side and that in the guise of enjoying the property to the extent of 2 ft. beyond the stair case, the petitioner is seeking to interfere with the ingress and egress to the respondents’ house. He has fairly submitted that so long as the petitioner does not create any obstruction to the ingress and egress to his clients’ house, the respondents have no objection for the petitioner to carry on further construction and complete the same.
Smt. V. Dyumani, the learned Counsel for the petitioner, submitted that her client will not block the ingress and egress to the house of the respondents and that he will complete the construction of the existing structure without raising new constructions beyond the existing structure.
The above agreement reached between the learned Counsel for the parties is placed on record and the Civil Revision Petition is accordingly disposed of. The trial Court is directed to dispose of the suit within a period of six months from the date of receipt of this order.
As a sequel to the disposal of the Civil Revision Petition, CRPMP No.2642/2013 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 24-4-2014 AM