SHAIK SAJID Vs. SKHAIK BADA HUSSAIN

JUDGEMENT

(1.) The plaintiff before the learned trial Court filed this revision under Article 227 of the Constitution of India questioning the correctness of the order dtd. 9/9/2019 passed by learned II Additional District Judge, Guntur in C.M.A.No.2 of 2018. The respondents herein are the defendants before the learned trial Court. A prayer seeking an interim injunction was not acceded to by the learned II Additional District Judge and therefore, this revision has come up.

(2.) The entire dispute between the parties is about who should perform Rana Hussain Peer Sharagath in Ac.0.18 cents of vacant site which also consists of Peerla Chavidi situated in Turakapalem Gram Panchayat. Both sides to the litigation claim rights in that regard. The issue is not really latest and it has been persisting for about a century leading to various cases such as O.S.No.85 of 1963, A.S.No.59 of 1964, O.S.No.160 of 2017, O.S.No.49 of 1970, W.P.No.28045 of 2018, W.P.No.12988 of 2019 and some other legal proceedings. The present dispute arose after O.S.No.160 of 2017 filed by the present revision petitioner where the learned Senior Civil Judge, Sattenappali in I.A.No.794 of 2017 by an order dtd. 19/9/2017 granted an ad interim injunction in favour of the plaintiff and that resulted in certain proceedings before this Court by virtue of which that matter was taken up as C.M.A.No.2 of 2018 by the learned II Additional District Judge, Guntur. After assigning certain circumstances and reasons, the learned II Additional District Judge allowed that C.M.A. and set aside the ad interim injunction that was granted. Challenging that, this revision is filed. In the grounds of revision, it is stated that the learned II Additional District Judge failed to notice the documents that were filed by this revision petitioner and did not consider all the relevant material and incorrectly adjudicate the dispute.

(3.) 'Muharram Ul Haram ', which is popularly known as 'Muharram ', is the first month of the Islamic calendar/Lunar Hijri calendar. It is considered as a holi month. For Sunni Muslims, this symbolizes peace and reflection. For Shiya Muslims, this month represents a solemn reflective day. It is for this solemn period, which is essentially a period for peace, the dispute between the rival streams of people in performing the functions led to the litigation. The fair and graceful submission of the learned counsel for revision petitioner and learned counsel for respondents made before this Court is that it is in the best interest of both sides that O.S.No.160 of 2017 pending before learned Senior Civil Judge, Sattenapalli need be disposed of as expeditiously as possible and with a view to facilitate it, the revision petitioner does not press for any further adjudication about the interim orders or absence of them that have been challenged in this revision. Acceding to their endeavour, this revision has to be dismissed with necessary directions to the trial Court.