CRP/6363/2009 of Mohd. Chand , Chand Bhai Vs Kaleemunnisa Begum on 31 December 2009

ORAL ORDER:

This Civil Revision Petition arises out of the orderdated 13.11.2009 passed in I.A(SR) No. 17960 of 2009 inCMA No. 275 of 2008 by the learned III Addl. Chief Judge,City Civil Court, Hyderabad, rejecting the petition filedunder Rule 57 of the Civil Rules of Practice, to take up thesuspension petition filed in the above appeal, as out oforder.

The above appeal was preferred by the petitionersherein before the learned III Addl. Chief Judge, City CivilCourt, Hyderabad, aggrieved by the order dated29.05.2008 passed in IA No. 155 of 2008 in O.S. No. 382of 2008 by the learned VIII Junior Civil Judge, City CivilCourt, Hyderabad, granting temporary injunction in favourof the respondent herein. It is their case that along with theappeal they did not file suspension petition and takingadvantage of the interim injunction, the respondent hasstarted construction over the suit schedule property.Therefore, they filed petition to suspend the interiminjunction granted by the learned VIII Junior Civil Judge,City Civil Court, Hyderabad, along with an out of orderpetition, which was dismissed by the order impugned,observing that there is no urgency.

As the Civil Revision Petition seeks to assail theorder dismissing out of order petition, the petitioners haveto avail the remedies open to them under law before thelower appellate court. Under the supervisory jurisdiction ofthis court, such a prayer cannot be entertained. The CivilRevision Petition fails and is accordingly dismissed. Noorder as to costs.

December 31, 2009MAS

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Justice T. Meena Kumari