APHC010571832024 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: Between: Tarigoppula Lakshmi Prasana Kumari Changantipati Nandini Kishore Babu and Others Counsel for the Petitioner: 1. KIRAN KUMAR VADLAMUDI Counsel for the Respondent(S): 1. The Court made the following: ORDER : Heard Sri Kiran Kumar Vadlamudi, learned counsel for the petitioner. 2. The petitioner/plaintiff filed O.S.No.136 of 2024 before the VIII Additional District and Sessions Judge (F.T.C.) at Vijayawada against the respondents/defendants, seeking partition of the plaint schedule property. Along with the suit, 1 C.R.P.No.3211 of 2024) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 3211/2024 Tarigoppula Lakshmi Prasana Kumari ...PETITIONER AND Changantipati Nandini Kishore Babu and Others ...RESPONDENT(S) Counsel for the Petitioner: KIRAN KUMAR VADLAMUDI Counsel for the Respondent(S): following: Heard Sri Kiran Kumar Vadlamudi, learned counsel for the The petitioner/plaintiff filed O.S.No.136 of 2024 before the VIII Additional District and Sessions Judge (F.T.C.) at Vijayawada respondents/defendants, seeking partition of the plaint schedule property. Along with the suit, the petitioner also filed (RNT,J C.R.P.No.3211 of 2024) IN THE HIGH COURT OF ANDHRA PRADESH [3299] THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI ...PETITIONER ...RESPONDENT(S) Heard Sri Kiran Kumar Vadlamudi, learned counsel for the The petitioner/plaintiff filed O.S.No.136 of 2024 before the VIII Additional District and Sessions Judge (F.T.C.) at Vijayawada respondents/defendants, seeking partition of the plaint the petitioner also filed 2 (RNT,J C.R.P.No.3211 of 2024) I.A.No.991 of 2024 under Order 39, Rules 1 & 2 of the Code of Civil Procedure, 1908 (in short, ‘CPC’), also seeking an ad-interim injunction restraining the respondents and their agents. 3. The learned Court, vide order dated 22.10.2024 granted an ad-interim ex parte temporary injunction, dispensing with urgent notice to the other side and directing that the defendants/respondents shall not alienate the plaint schedule property to a third party until 5.11.2024, subject to compliance with Order 39, Rules 1 & 2 CPC within the specified time. 4. The respondents/defendants entered an appearance in the suit and filed I.A.No.1026 of 2024, seeking to vacate the ad-interim ex parte temporary injunction. The plaintiff/petitioner was granted time to file a counter affidavit but he failed to do so. The suit was scheduled for hearing on 25.11.2024. On that date, due to the plaintiff’s failure to file a counter affidavit in I.A.No.1026 of 2024, the Court adjourned the matter to 2.12.2024 but did not extend the ad-interim temporary injunction granted on 22.10.2024. 5. Challenging the order dated 25.11.2024, the present Civil Revision Petition has been filed under Article 227 of the Constitution of India. 3 (RNT,J C.R.P.No.3211 of 2024) 6. Learned counsel for the petitioner submits that the counter affidavit in I.A. No. 1026 of 2024 has been filed on 2.12.2024 i.e., after 25.11.2024, and both I.A.No.1026 of 2024 and I.A.No.991 of 2024 are pending for disposal. He submits that the learned Court has posted the suit for hearing on 08.02.2025. The respondents are attempting to alienate the plaint schedule property, in view of the impugned order dated 25.11.2024. 7. I have considered the submissions of the learned counsel for the petitioner and perused the material on record. 8. Considering the facts and circumstances of the case and the nature of dispute, as also that I.A.No.1026 of 2024 and I.A.No.991 of 2024 pending in the suit deserves to be decided by the learned Court; and issuance of notice of this Civil Revision Petition would unnecessarily delay the disposal, as also that keeping this Civil Revision Petition pending would serve no useful purpose, the issuance of notice to the respondents is dispensed with and the Civil Revision Petition is being disposed of, finally with direction to the learned VIII Additional District and Sessions Judge (F.T.C.) at Vijayawada, to dispose of I.A.No.1026 of 2024 and I.A. No. 991 of 2024 in O.S.No.136 of 2024 within one (01) month from the date of receipt of a copy of this order, with due opportunity to the respondents in accordance with law. 4 (RNT,J C.R.P.No.3211 of 2024) 9. Until the disposal of those applications, the ad-interim ex parte temporary injunction granted on 22.10.2024 shall continue to remain in force. However, if the petitioner does not cooperate in disposal and seeks unnecessary adjournments, the learned Court shall be at liberty to vacate the ad-interim ex-parte temporary injunction dated 22.10.2024. 10. It is clarified that the I.A.No.1026 of 2024 and I.A. No. 991 of 2024 shall be considered without being influenced by this order. 11. The Civil Revision Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J Date :07.02.2025. RPD. 5 (RNT,J C.R.P.No.3211 of 2024) 114 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI (DISPOSED OF) CIVIL REVISION PETITION NO: 3211 OF 2024 Date :07.02.2025 RPD.