THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.4712 of 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order dated 26.07.2010 in I.A.No.431 of 2010 in O.S.No.161 of 2010 passed by the learned Senior Civil Judge, Gudur, wherein the following order was passed in the application filed by the plaintiff under Section 94(e), 151 read with Order XXXIX Rules 1 and 2 of C.P.C.: “Whereas the Advocate for the petitioner/plaintiff herein applied Under Sections-94 (e), 151 R/w. Order-39, Rules-1 & 2 C.P.C. prays to grant temporary injunction restraining the respondents from executing and registering any documents relating to the suit property pending disposal of the suit in any manner and to grant ad-interim injunction without notice to the respondents. The petitioner proved prima facie case in his favour and whereas this Court doth order of Status Quo as follows:- Hence both parties shall maintain Status-quo until further orders. The petition stands posted to 9.8.2010.” Petitioner is the 1st defendant, respondent No.1 is the plaintiff and respondents 2 and 3 are the defendants 2 and 3 respectively in the suit being O.S.No.161 of 2010 filed before the learned Senior Civil Judge, Gudur. The said suit was filed for declaration of title and permanent injunction restraining the defendants, their men, agents and any one claiming through or under them in any possible manner from disturbing the peaceful possession of the plaintiff over the plaint schedule property. Along with the said suit, the plaintiff also filed I.A.No.431 of 2010, under Sections 94 (e), 151 read with Order-39, Rules 1 & 2 C.P.C., seeking temporary injunction restraining the defendants from executing and registering any documents relating to the suit property, pending disposal of the suit, and also ad-interim injunction without notice to the defendants. The Court below, after considering the matter in detail and hearing both the parties, ordered status Quo to be maintained by both parties until further orders, by the impugned order dated 26.07.2010. Learned counsel for the petitioner strenuously contended that the petitioner had taken an objection as to numbering of the suit itself, as no notice as required under Section 80 of C.P.C. was issued to the Sub-Registrar, Sub-Registrar Office, Kota village & Mandal, SPSR Nellore District, the 3rd respondent herein, who is shown as a party to the suit. He also submits that without considering the aspect as to whether the Sub-Registrar, who is a Public Officer, can be made a party to the suit without serving a notice to him as required under Section 80 of C.P.C., the learned Senior Civil Judge passed the impugned order and, therefore, the impugned order is liable to be set aside. May be no notice under Section 80 of C.P.C. was served on the 3rd respondent herein, who is the shown as a party to the suit, but if the order under challenge is triggered with, that amounts to disposing of the main I.A. or even the suit. Thus, I consider it appropriate to direct the Court below to dispose of the I.A.No.431 of 2010 in O.S.No.161 of 2010, as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order, after hearing all the parties concerned and deciding as to the maintainability of the suit against the 3rd respondent herein, if any objections are raised to that effect. With the above direction, the Civil Revision Petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 27.10.2010 v v