HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.4892 OF 2007 DATE:16-11-2010 BETWEEN Vemuri Jayaram Prasad …Petitioner AND Smt. Vemuri Vasantha Kumari. …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.4892 OF 2007 ORDER: Plaintiff filed this revision under Article 227 of Constitution of India to revise the orders of I Additional District Judge, Krishna at Machilipatnam in allowing C.M.A.No.12 of 2007 filed against grant of interim injunction in favour of the plaintiff by the Senior Civil Judge, Avanigadda in I.A.No.220 of 2005 in O.S.No.38 of 2005, dated 29.1.2007. Though this Court issued notice before admission, there was no stay of trial in the suit from August, 2007 onwards. The suit was filed for specific performance of agreement of sale in which, initially, the trial Court granted ad interim injunction in favour of the plaintiff on 20.6.2007 and made the same absolute by order dated, 29.1.2007, against which, the defendant carried the matter in appeal before the lower appellate Court. The lower appellate Court found that when the trial Court observed, after referring to the documents, that the husband of the second defendant is in possession and enjoyment of the plaint schedule property, the grant of injunction under the possessory agreement of sale in favour of the plaintiff does not arise and accordingly vacated the interim injunction by allowing the appeal. No infirmity is discernable with the impugned order passed by the lower appellate Court warranting interference by this Court in exercise of supervisory jurisdiction under Article 227 of Constitution of India. The Revision is accordingly dismissed. The Senior Civil Judge, Avanigadda shall dispose of the suit, if not already disposed of, at an early date uninfluenced by any of the observations made by the lower appellate Court while disposing of the appeal. No costs. _______________ A. GOPAL REDDY, J. NOVEMBER 16, 2010 Tsr.