THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY CIVIL REVISION PETITION No.2757 OF 2008 ORDER: 1 This revision is directed against the order dated 16.4.2008 in CMA No.15 of 2007 on the file of the I Additional District Judge, Adilabad wherein the said appeal filed by the Respondent herein was allowed and the interim injunction granted by the trial court in I.A.No.271 of 2007 in O.S.No.124 of 2007 in favour of the Petitioner was set aside. 2 Heard the learned counsel for the petitioner and the learned counsel for the Respondent. Perused the record. 3 The Petitioner herein being the plaintiff filed the suit for permanent injunction restraining the Respondent/defendant from interfering with his possession and enjoyment of Ac.1.20 guntas of land in Sy.No.25/A situated in Kura Village of Jainath Mandal. The Petitioner filed the I.A. No.271 of 2007 under Order 39 Rule 1 CPC for temporary injunction pending disposal of the suit. The Respondent filed a counter opposing the same. According to the Petitioner he purchased the suit land from the defendant and by virtue of the said purchase he has been in exclusive possession and enjoyment of the same. The Respondent disputed the same and contended that he never sold the land to the Petitioner. 4 During enquiry before the trial court the Petitioner filed Exs.A.1 to A.7 and on the other hand the Respondent filed Exs.B.1 to B.14. On a consideration of the material on record, the trial court by order dated 05.12.2007 allowed the said I.A.No.271 of 2007 and ordered temporary injunction pending disposal of the suit. Aggrieved by the same, the defendant preferred the appeal in CMA No.15 of 2007 and the learned Additional District Judge by the impugned order dated 16.04.2008 allowed the said appeal and set aside the order of temporary injunction granted by the trial court. The appellate court further observed that the evidence of both parties is to be recorded for an effective disposal of the suit itself on merits, and, therefore, the appellate court directed the trial court to take up the main suit itself and dispose of the same at an early date. Aggrieved by the order of the appellate court, the plaintiff filed the present revision. 5 No interim order was granted by this court. Thus as matters now stand, there is no temporary injunction in favour of the Petitioner/ plaintiff as of now. The suit itself is one for injunction, filed in the year 2007. It is, therefore, considered neither just nor proper to go into the merits of the case at this length of time when the suit itself is ripe for trial. As rightly directed by the appellate court it is only proper that both parties adduce evidence in support of their respective contentions during the course of trial of the suit and have the matter disposed of on merits. 6 The learned Junior Civil Judge, Adilabad is accordingly directed to dispose of the suit itself within a period of six months from the date of receipt of a copy of this order and both parties are at liberty to adduce their evidence before the trial court. 7 The revision is accordingly disposed of. No order as to costs. ---------------------------- G.V. SEETHAPTHY, J. 06.06.2011 Kvsn