CRP/6144/2010 of Smt. Akula Parvathi Vs Chilla Venkateswarlu on 31 December 2010

ORDER:

THE HON'BLE SRI JUSTICE R.KANTHA RAOCIVIL REVISION PETITION No. 6144 of 2010

Heard the learned counsel appearing for the revision petitioner.O.S.No.89 of 2010 on the file of the Court of the VI AdditionalDistrict Judge, Visakhapatnam is filed by the revision petitioner fordeclaration of title and for recovery of possession in the said suit. Thepetitioner filed I.A.No.337 of 2010 seeking injunction restraining therespondent not to make any constructions in the suit scheduleproperty. The respondent filed counter in the said I.A. and the matter isposted to 07.01.2011.

Now this revision has been filed apart from seeking a directionto the VI Additional District Judge, Visakhapatnam to dispose of theI.A. expeditiously and also to grant interim injunction restraining therespondent from making the construction in the suit schedule propertytill the disposal of the said I.A.

The VI Additional District Judge, Visakhapatnam is herebydirected to dispose of I.A.No.337 of 2010 as expeditiously as possible. However, this Court is of the considered view that the revisionpetitioner ought to have pursued the remedy of temporary injunctionbefore the VI Additional District Judge, Visakhapatnam. As I.A.No.337of 2010 is pending enquiry before the said Court, no injunction can begranted in this revision on the mere ground that the I.A. was posted to07.01.2011 i.e., during vacation.

With the above direction, the Civil Revision Petition is disposedof. No costs.

_________________December 31, 2010 R.KANTHARAO, JNote:Issue CC by today