Telangana High Court

CRP/6044/2010 of K.S.K.V.Prasada Rao Vs K.Venkata Naveen on 31 December 2010

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE 31st DAY OF DECEMBER, TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.6044 OF 2010 Between: K.S.K.V.Prasada Rao … Petitioner And k.Venkata Naveen and others … Respondents This

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD

FRIDAY, THE 31[st] DAY OF DECEMBER,TWO THOUSAND AND TEN

PRESENT

HON'BLE SRI JUSTICE A.GOPAL REDDY

CIVIL REVISION PETITION No.6044 OF 2010

Between:K.S.K.V.Prasada Rao

And

… Petitioner

k.Venkata Naveen and others

… Respondents

This Court made the following:

HON'BLE SRI JUSTICE A.GOPAL REDDY

CIVIL REVISION PETITION No.6044 OF 2010

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ORDER: -

This revision under Article 227 of the Constitution complaininginaction on the part of V Additional District Judge, Mahila Sessionscourt, Vijaawada in disposing of I.A.No.763 of 2009 in O.S.No.59 of2006, which was filed for temporary injunction.

Admittedly, the injunction application itself was filed in themonth of June, 2008 before II Additional District Judge, Krishna,Vijaawada, which was later transferred to the Court of V AdditionalDistrict Judge, Mahila Court, Vijayawada in the year 2009. Thepetitioner who is the respondent/defendant in the said I.A. filed a counter expressing no objection for grant of injunction. Since the suitis filed for partition of the plaint schedule properties, the petitionermoved this court contending that the said I.A. has not been disposedof.

There is no explanation forthcoming as to what prevented thepetitioner from moving an application seeking to advance the hearingof the petition before the trial court. Merely because lawyers are goingon strike from October 2010 onwards, cannot be a ground to grantinjunction, which was not granted by the trial court nor the petitionerhas made any endeavour in that regard. Therefore, this Court does notfind any merit to entertain the present revision.

The Civil Revision Petition is, accordingly, dismissed. However, the V Additional District Judge, Vijayawada, before whomthe said I.A. is pending, is directed to dispose of the same within twomonths from the date of receipt of a copy of this order, if not alreadydisposed of. If the advocates are not cooperating, he can pass exparte orders basing on the material available on record. There shallbe no order as to costs.

December 31, 2010lmv

__________________

A.GOPAL REDDY, J

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