HONOURABLE SMT. JUSTICE T.MEENAKUMARI C.R.P No:2246 OF 2010 Dated: 16.7.2010 Between: Mohammed Asghar Pasha ..Petitioner And 1. G. Sreekanth and others. .. Respondents. This Court made the following HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:2246 OF 2010 ORDER: This revision is directed against the Order dated 30.4.2010 passed in I.A.No.1628 of 2010 in CMA No.77 of 2010 by the learned Chief Judge, City Civil Court, Hyderabad. The petitioner is the plaintiff and the respondents are defendants before the Court below. The plaintiff filed the suit in O.S.No.1666 of 2010 before the III Junior Civil Judge, City Civil Court, Hyderabad, seeking to grant perpetual injunction against the defendants restraining them from interfering with his possession over H.No.19-5-38, 19-5-38/1 and 19-5-38/2, admeasuring 600 sq. yards situated at Nandi Mustaiguda, Bahadurpura, Hyderabad. Along with the suit, the plaintiff also filed an application in I.A.No.480 of 2010 under Order 39 Rules 1 and 2 seeking to grant interim injunction. On 28.4.2010, the Court below granted exparte interim injunction against the defendants restraining them from causing interference and demolishing the structures over the suit schedule property during pendency of the suit. Aggrieved by the same, the defendants filed CMA No.77 of 2010 before the lower appellate Court. Along with the appeal, the defendants also filed an application in I.A.No.1628 of 2010 under Order 41 Rule 5 r/w Section 151 CPC seeking to stay the operation of the order dated 28.4.2010 made in I.A.No.480 of 2010 in O.S.No.1666 of 2010 on the file of the VIII Junior Civil Judge, City Civil Court, Hyderabad. On that, on 30.4.2010 the lower appellate Court granted interim stay of operation of the order, dated 28.4.2010 in I.A.No.480 of 2010 in O.S.No.1666 of 2010. Hence, the present revision has been filed by the plaintiff. Heard the learned Counsel and perused the material on record. On 4.6.2010, while ordering notice before admission, this Court granted interim suspension of the order impugned herein. Originally, the order challenged in this revision is an interim order passed by the lower appellate Court while ordering urgent notice to the petitioner-plaintiff. If that being the case, on receipt of the notice, the petitioner-plaintiff ought to have filed an appropriate application along with the counter, if any for vacating the said order. Instead of availing such remedy that is available before the lower appellate Court, the petitioner has directly approached this Court. Therefore, I feel that the approach of the petitioner-plaintiff is a premature one. In these circumstances, I do not find any reason to entertain this revision petition. However, in the facts and circumstances of the case, liberty is granted to the petitioner-plaintiff to avail the remedies open him. Accordingly, the Civil Revision Petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari Date: 16th July, 2010 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:2246 OF 2010 16.07.2010