THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.789 of 2008 ORDER: This appeal is filed seeking to set aside order made in I.A.No.542 of 2008 in O.S.No.8 of 2008 dated 16.7.2008 on the file of II Additional District Judge, Kadapa, whereunder application filed by the petitioners under Order XXXIX Rules 1 and 2 of CPC seeking to prevent the respondents from interfering with their so called peaceful possession and enjoyment of the suit property, was dismissed. The learned counsel for appellants emphasizes that without any authority of law, the respondents 1 and 2 took possession of the property on 10.6.2006 and got the property sold for the purpose of realizing amount due to them. In order to prevent the respondents from interfering with the possession of the suit property, it has to be seen whether as on the date of filing of suit, the appellants were in the possession of the property or not. The suit was filed on 16.4.2008 and even according to the appellants, they were not in possession of the property by that day and in fact, the respondents took possession of the property much earlier. Therefore, the remedy for the appellants is not by way of taking recourse under Order XXXIX Rules 1 and 2 of CPC, hence the petition is not maintainable. The Court below properly appreciated the matter and there is no reason to interfere with the orders passed by it. Further, it is requested by the learned counsel for the appellants that a direction may be given to the Lower Court for the disposal of the suit as early as possible. In the result, the appeal is dismissed directing the Lower Court to dispose of the matter within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ G.KRISHNA MOHAN REDDY, J Date: 11.4.2011 DA