HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 1356 of 2011 Dated: 23.08.2011 Between: Sri E. Bala Krishna Goud and another. … Petitioners And Sri Nanagiri Uday Raj and another. … Respondents HON'BLE MS JUSTICE G.ROHINI Civil Revision Petition No. 1356 of 2011 O R D E R: The revision petitioners are the defendants in O.S.No.479 of 2007 on the file of the Court of the I Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar. The respondents/plaintiffs filed the said suit for injunction restraining the defendants from interfering with their possession and enjoyment of the suit schedule property. Along with the suit, the plaintiffs filed I.A.No.571 of 2007 under Order 39 Rules 1 and 2 C.P.C. for temporary injunction. The trial Court initially granted ad-interim injunction. After service of notice, apart from filing a counter opposing the application for injunction, the defendants also filed I.A.No.39 of 2009 for appointment of a Commissioner for noting the physical features of the suit property. The Court below heard both the parties and on appreciation of the documents produced, recorded a finding in I.A.No.571 of 2007 that the plaintiffs were in possession. However, observing that the whole controversy was with regard to the identification of the suit property, the trial Court directed both the parties to maintain status quo till the Commissioner appointed in I.A.No.39 of 2009 for noting the physical features of the suit schedule property filed his report. There was also a direction that pending I.A.No.39 of 2009, the plaintiffs should not make construction over the suit schedule property. Though the defendants did not choose to challenge the said order dated 27.04.2009, the plaintiffs filed C.M.A.No.753 of 2009 in the Court of the Principal District Judge, Ranga Reddy District at L.B.Nagar contending that having recorded a finding that they were in possession, the trial Court was not justified in restraining them from making constructions. The said appeal was allowed by the lower appellate Court by judgment dated 19.10.2010 and the direction of the trial Court to maintain status quo was set aside and the ad-interim injunction granted by the trial Court initially was directed to be maintained. Aggrieved by the said order passed by the lower appellate Court in C.M.A.No.753 of 2009, the present revision petition is filed by the defendants. I have heard the learned counsel for both the parties. The learned counsel for the petitioner vehemently contended that in view of the controversy with regard to the identification of the respective plots claimed by the parties, it would be in the interest of justice to maintain status quo till the Commissioner executes the warrant and files his report in the Court and therefore, the lower appellate Court was not justified in setting aside the status quo ordered by the trial Court. I do not find any substance in the said contention. As rightly observed by the lower appellate Court, the report of the Commissioner with regard to the localization of the lands in question is not conclusive and it is only a piece of evidence to decide the issue involved in the suit. Moreover, a clear finding was recorded by the trail Court that the plaintiffs were in possession of the suit property. The defendants did not choose to challenge the said finding and the same became final. It is also relevant to note that the plaintiffs are ready and willing to proceed with the construction at their risk and their undertaking to that effect was recorded by the lower appellate Court. Hence, the lower appellate Court cannot be said to have committed any error in setting aside the order of status quo. Learned counsel for the respondents across the bar submitted that in fact the constructions were commenced long back and as of today, the buildings have come up to slab level. In the circumstances, I do not find any justifiable reason to interfere with the order under revision. Accordingly, the Civil Revision Petition is dismissed. No costs. _______________ G. ROHINI, J Date: 23.08.2011 KLP