THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO.4553 OF 2009 24th September 2009 Between: 1. Chintalapati Lakshmi Narasimha Venkata Subrahmanya Paddi Raju, S/o.Satyanarayana Raju, Hindu, 65 years, Cultivatin, R/o.D.No.4-16, Chinanindrakolanu, Nidamarru Mandal, W.G.District. And five others. …PETITIONERS AND 1. Patchamatla Satyanarayana Raju, S/o.Venkataraju, Hindu, Male, 66 years, Cultivation, R/o.D.No.5-16, Chinanindrakolanu, Nidamarru Mandal, W.G.District. And six others. …RESPONDENTS THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO.4553 OF 2009 ORDER: The petitioners filed O.S.No.217 of 2007 in the Court of the Senior Civil Judge, Tadepalligudem, against the respondents for the relief of perpetual injunction in respect of the suit schedule property. They have also filed I.A.No.90 of 2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 {“CPC”}, with a prayer to grant temporary injunction. It is stated that way back, in January 2008, time was granted to the respondents for filing counter in I.A. and no orders have been passed so far. The petitioners sought advancement of that I.A. by filing I.A.No.2121 of 2008. Even this did not yield any result. In this background, they approached this Court under Article 227 of the Constitution of India. Heard the learned counsel for the petitioners. The grievance of the petitioners is about the delay in disposal of I.A.No.90 of 2008. The very purpose of filing application under Order XXXIX rules 1 and 2 CPC is to protect the possession, pending adjudication to this suit. More over, one and a half years elapsed ever since that application was filed. The very purpose would be defeated on account of such inaction on the part of the trial Court. Some of the petitioners are said to be senior citizens. There cannot be any justification for the trial Court in not taking up I.A.No.90 of 2008 filed for temporary injunction. Hence, the Civil Revision Petition is disposed of, directing that the learned Senior Civil Judge, Tadepalligudem, shall take up I.A.No.90 of 2008 within one week after the Court reopens and pass orders thereof, after hearing both the parties. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 24th September 2009 Note: CC in one week B/O RRB