IMMADI CHETTY RAVINDRA Vs. KAMAKSHI DEVI SAMETHA

JUDGEMENT

(1.) C. R. P. M. P. NO. 7748 of 2008 is filed to vacate the interim suspension granted by this Court in C. R. P. M. P. No. 7431 of 2008, dated 16. 12. 2008. When this application to vacate interim suspension was coming up for hearing, the counsel on record Sri K. Ananda Rao, Sri P. Ganga Rami Reddy and Sri V. T. M. Prasad made certain submissions and a further request was made that the civil revision petition itself may be disposed of finally. Hence, the civil revision petition had been taken up for final hearing even at the stage of interlocutory and the same is being disposed of by this Court.

(2.) SRI P. Ganga Rami Reddy, learned counsel representing vacate petitioner, second respondent in the civil revision petition, raised a preliminary objection relating to the maintainability of the civil revision petition under Article 227 of the Constitution of India. The learned counsel, no doubt, would contend that the civil court has jurisdiction to entertain the suit and also had taken this court through the specific stand taken in the affidavit filed in support of the vacate application relating to the factum of possession.

(3.) C. R. P. M. P. NO. 7418 of 2008 was filed to dispense with the filing of certified copy of the order made in I. A. No. 923 of 2008 in O. S. No. 217 of 2008, dated 01. 12. 2008. C. R. P. M. P. No. 7419 of 2008 was filed praying for leave to file the present civil revision petition as against an order made in I. A. No. 923 of 2008 in O. S. No. 217 of 2008 on the file of the Principal Junior Civil Judge, kovur. The said applications were ordered on 11. 12. 2008 and on 16. 12. 2008 while admitting the civil revision petition, interim suspension was granted as prayed for in C. R. P. M. P. No. 7431 of 2008. The second respondent in the civil revision petition filed C. R. P. M. P. No. 7748 of 2008 praying for vacation of the said interim suspension.