CRP/6329/2009 of Konatham Venkateswara Rao Vs Goripathi Siva Kumari on 30 December 2011

ORDER:

The petitioner is the defendant in the suit filed by therespondent/plaintiff seeking permanent injunction in O.S.No.72 of 2009 onthe file of Senior Civil Judge, Gudivada. Pending the said suit, therespondent/plaintiff filed I.A.No.378 of 2009 seeking temporary injunctionand the said I.A was allowed by order dated 17.8.2009. Aggrieved by thesame, the petitioner filed C.M.A.No.39 of 2009 on the file of the X AdditionalDistrict & Sessions Judge, Krishna at Machilipatnam along with I.A.No.526 of2009 to stay the operation of the order dated 17.8.2009 passed inI.A.No.378 of 2009 in the said suit. The said I.A.No.526 of 2009 in C.M.A.No.39 of 2009, was dismissed by the impugned order, against which, the presentC.R.P is filed.

2. This Court while ordering notice before admission to the respondent byorder dated 29.1.2010 granted status quo for all purposes obtaining as onthat date shall be maintained by both the parties in respect of the plaintschedule property in O.S.No.72 of 2009 pending on the file of the SeniorCivil Judge, Gudivada, Krishna District. Admittedly, the said C.M.A ispending and the status quo was in force for a period of two years.

3. Having regard to the facts and circumstances of the case, withoutexpressing any opinion on the merits of the case, I am of the opinion that thisCivil Revision Petition can be disposed of directing both the parties tomaintain status quo in terms of the interim order dated 29.1.2010 passed bythis Court pending disposal of the C.M.A.No.39 of 2009 on the file of the X Additional District & Sessions Judge, Krishna at Machilipatnam. However,the lower appellate court is directed to dispose of the said I.A.No.526 of 2009in C.M.A No.39 of 2009 as expeditiously as possible preferably within aperiod of four weeks from the date of receipt of a copy of this order.

4. Accordingly, the Civil Revision Petition is disposed of. No order as tocosts.

___________________

V. ESWARAIAH,J.

Date:30.12.2011

Gk.

HON’BLE SRI JUSTICE V.ESWARAIAH

CIVIL REVISION PETITION No.6329 of 2009

Gk.

Date:30.12.2011