HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No.785 of 2014 Dated: 05.06.2014 Between:
Tangellapalli Venkatachary …..Petitioner/Respondent/Defendant And Kothurithi Amaraiah and two others.
…..Respondents/Petitioners/Plaintiffs.
HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No.785 of 2014 ORDER :
The defendant in O.S.No.325 of 2013 filed this Civil Revision Petition under Article 227 of the Constitution of India questioning the order dated 23.12.2013 passed in I.A.No.227 of 2013 by the Special Assistant Agent, Mobile Court, Bhadrachalam.
2. The respondents filed O.S.No.325 of 2013 seeking permanent injunction against the petitioner herein. In the said suit, the respondents filed I.A.No.227 of 2013 seeking temporary injunction against the petition herein restraining him, his henchmen and agents from interfering with the peaceful possession and enjoyment of the suit schedule property. After hearing the arguments, the learned Special Assistant Agent, Mobile Court, Bhadrachalam, vide order dated 23.12.2013 passed temporary injunction order against the defendant restraining his henchmen or any body from interfering with the peaceful possession and enjoyment of suit schedule property situated at Yetapaka Village of Bhadrachalam Mandal, Khammam District.
Challenging the same, the present civil revision is filed.
3. At the time of arguments, it is brought to the notice of this Court that the petitioner herein filed a counter and vacate stay petition on 09.04.2014 before the Special Assistant Agency, Mobile Court, Bhadrachalam and the same is pending. In view of the same, this Court of the view that there is no need to adjudicate the issue on hand as the vacate stay petition filed by the petitioner for the same relief in I.A.No.227 of 2013 is still pending before the trial Court. Hence, the trial Court is directed to dispose of the vacate stay petition filed by the petitioner in I.A.No.227 of 2013 in O.S.No.325 of 2013 on the file of the Special Assistant Agent, Mobile Court, Bhadrachalam, within a period of eight weeks from the date of receipt of a copy of this order.
4. With the above direction, the civil revision petition is disposed of. There shall be no order as to costs.
5. Miscellaneous Petitions, if any, pending in this civil revision petition, shall stand closed.
C.PRAVEEN KUMAR, J 5th June 2014. mar