HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR Between:
Dated 24-06-2010 C.R.P. No.1071 of 2008 And:
Madigi Adelli an others.
Aili Naganna.
…Petitioners.
…Respondent.
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1071 of 2008 ORDER:
This revision is preferred by the defendants in the suit who are aggrieved by the impugned order of the learned 8th Additional District Judge, Nizamabad in allowing the C.M.A.No.19 of 2006 on 26-11- 2007.
2. Respondents herein filed a suit for injunction simplicitor regarding the suit lands bearing S.Nos. 200/A to the extent of 8 guntas. In the said suit, the respondents filed applications for temporary injunction i.e., I.A.No.85 of 2006 and on contest before the trial Court by order dated 9-10-2008, the said application was dismissed. Aggrieved thereby, the respondent herein filed C.M.A.No.19 of 2000 before the lower appellate court which has been allowed under the impugned order. Hence, the petitioners approached this Court by this revision challenging the correctness of the lower appellate Court on various grounds.
3. Heard the learned counsel for the petitioners.
4. The office endorsement shows that notice to the respondent has not returned served but however, in view of the order proposed to be made, the presence of the respondents is not necessary.
5. The suit being a suit for mere injunction as mentioned above while the temporary injunction was declined by the trial Court but the appellate court has granted injunction in favour of the respondents herein. In the present C.R.P. while admitting the same on 19-8-2008, earlier order of status quo granted by this Court on 9-6- 2008 was directed to be continued. The said status quo orders are in operation as on today. The suit is only injunction simplicitor and is of the year 2006. The suit itself might have been disposed of. In the interest of justice therefore, it would be suffice to pass the following order.
The trial Court shall hear and decide the suit O.S.No.26 of 2006 as expeditiously as possible, if not already disposed of, on or before the end of August, 2010 and the orders of status quo granted by this Court as referred to above shall continue to operate till the suit is disposed of as directed above.
With the above direction, this Civil Revision Petition is disposed of No costs.
JUSTICE VILAS V. AFZULPURKAR Dated 24-06-2010.
Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1071 of 2008 Dated 24-06-2010