THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.312 of 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against a docket order dated 17.11.2009 passed in I.A.No.298 of 2009 in O.S.No.151 of 2009 on the file of the learned Junior Civil Judge, Venkatagiri, whereby the 7th defendant, the petitioner herein, was directed to maintain status quo obtaining as on that day till disposal of the suit. Respondents 1 and 2 herein are the plaintiffs, whereas the petitioner and respondents 3 to 11 are the defendants in the suit being O.S.No.151 of 2009 filed before the learned Junior Civil Judge, Venkatagiri, for partition of the plaint schedule property and cancellation of the registered sale deeds standing in the name of defendants 4,5,7,8 and 10. Along with the said suit, the plaintiffs filed I.A.No.298 of 2009, under Order XXXIX Rules 1 and 2 of C.P.C., seeking a direction to the 7th defendant, the petitioner herein, not to make any construction in the plaint schedule property till disposal of the suit. The Court below, after hearing the submissions of the learned counsel for plaintiffs, directed the 7th defendant to maintain status quo till disposal of the suit and ordered for issuance of urgent notice, by the impugned order dated 17.11.2009. Aggrieved thereby, the present Civil Revision Petition is filed by the 7th defendant. Learned counsel for the petitioner submits that the Court below, without taking into consideration the provisions of Order XXXIX Rules 1 and 2 of C.P.C., erroneously passed the impugned order, directing the petitioner herein to maintain status quo till disposal of the suit, which is in the nature of an order passed in disposal of the I.A. and would subsist as long as the suit is pending. A perusal of the impugned order, no doubt, indicates that status quo obtaining as on that day to be maintained till disposal of the suit, which connotes that the petitioner herein is directed not to make any construction in the plaint scheduled property till disposal of the suit, but it does not mean that the I.A. is disposed of, as contended by the learned counsel for the petitioner. The petitioner, in fact, filed his counter in the I.A. In view of the above, the petitioner is directed to file appropriate application before the Court below, seeking to vacate the impugned order, and the Court below, on filing such application, shall consider and dispose of the same as per law. Further, the Court below is directed to dispose of I.A.No.298 of 2008 in O.S.No.151 of 2009 within a period of two weeks from the date of receipt of a copy of this order, by taking into consideration the counter filed by the petitioner and hearing the parties. The Civil Revision Petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 09.02.2010 v v