THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.2520 of 2014 Dated: 05-09-2014 Between:
Sri Rodda Rajalingu and others ..
Petitioners And Tota Chinnamma .. Respondent THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.2520 OF 2014 O R D E R:
This Civil Revision Petition is filed against the Judgment in C.M.A.No.2 of 2012 passed by the learned Family Court-cum-IV Additional District and Sessions Judge, Adilabad, dated 07.02.2014, confirming the order of the Junior Civil Judge, Adilabad, passed in I.A.No.243 of 2011 in O.S.No.136 of 2011, dated 21.04.2012.
2. The plaintiff filed O.S.No.136 of 2011 for perpetual injunction and I.A.No.243 of 2011 seeking temporary injunction. The trial Court passed an injunction order on the ground that there was no denial of possession of the petitioner/plaintiff by the respondents. From the documents, the petitioner could prove that she has been in possession of the suit property. The Court below vide judgment dated 07.02.2014 in C.M.A.No.2 of 2012 held that no findings or observations could be made with regard to the extent of suit land whether it is Acs.7.00 or Acs.4.30 guntas, as it has to be decided only after regular trial. When the possession of the plaintiff over the suit land that falls in Survey No.68/32 is established and admitted by the defendants and the plaintiff is in possession as on the date of the suit and at all relevant times, the said strong circumstance is enough to come to a safe conclusion that the plaintiff made out a strong prima facie case.
3. Even in the written statement filed by the petitioner, it was fairly stated that the respondents/defendants are the pattedars and owners of the land in Survey No.68/29 out of total extent of Acs.06.05 guntas situated at Khanapur Village shiwar, whereas, the suit was filed in respect of Acs.07.00 in Survey No.68/32. In view of this it cannot be said that the orders passed by the Courts below suffer from error of jurisdiction or improper exercise of jurisdiction.
4. But the suit itself can be disposed of at an early date and the trial Court is directed to dispose of the suit within a period of six (06) months from the date of receipt of a copy of this order and both the parties in the suit are directed to co-operate with the disposal of the suit.
5. The civil revision petition is accordingly disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
A.RAMALINGESWARA RAO, J Date: 05-09-2014 vhb