THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.722 OF 2003 Dated 12th August, 2009 Between: Thotla Ramaiah …Appellant And Thotla Ramchander and others …Respondents Counsel for the appellants :Sri Devineni Vijay Kumar Counsel for the respondents :Sri M.Venkat Ram Reddy The Court made the following JUDGMENT: The appellant filed O.S.No.629 of 2002 against the respondents for the relief of partition and separate possession of the suit schedule property in the Court of I-Additional Senior Civil Judge, Ranga Reddy District. He also filed I.A.No.1287 of 2002 under Order XXXIX Rules 1 and 2 CPC with a prayer to restrain the respondents from disturbing the common use and enjoyment of the petition schedule land i.e, Acs.8.00 in Survey No.53 of Bandlaguda Village, Rajendranagar Mandal, Ranga Reddy District. The respondents opposed the application. Through its order dated 08.01.2003, the trial Court dismissed the I.A. Hence, this Civil Miscellaneous Appeal. Heard learned counsel for the appellant and learned counsel for the respondents. In a suit for partition, hardly there exists any scope for filing an application under Order XXXIX Rules 1 and 2 CPC. The reason is that the enjoyment of the property by one coparcener would be by and on behalf of other coparceners. Taking note of the facts and circumstances of the case, the trial Court dismissed the I.A. One fact which appears to have weighed with this Court while it granted order of temporary injunction on 23.04.2003 is that the appellant did not claim any exclusive right or relief. His intention was to ensure that the common enjoyment of the property is not disturbed. The interim order passed by this Court, on 23.04.2003, is in operation for the past six (6) years. There is no reason why, the same be disturbed at this length of time. The trial Court can be required to dispose of the suit itself. Hence, the Civil Miscellaneous Appeal is allowed and the order under appeal is set aside. The I.A. shall stand ordered as prayed for and the order of temporary injunction shall remain in force till the disposal of the suit. The trial Court shall endeavour to dispose of the suit as early as possible. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated 12th August, 2009 vrn