HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2123 of 2003 Dated 18-7-2011 Between: Muvva Vasundhara Devi. …Petitioner. And: Principal Junior Civil Judge, West and South, R.R. District at L.B.Nagar and others. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2123 of 2003 ORDER: This revision is at the instance of the plaintiff whose suit for injunction was not numbered and the plaint was returned to approach concerned court where the proceedings of partition are pending. That order of the trial Court returning the plaint is questioned in this revision. 2. Heard the learned counsel appearing on either side. 3. The court below refused to entertain the plaint on the ground that preliminary decree in partition suit between the parties herein was the subject matter of A.S.No.773 of 2002 before this Court. The trial court therefore felt that the petitioner can as well seek the relief sought for in the proposed suit, by approaching the competent court where partition suit is pending. The relief sought for in the present suit is one for injunction restraining the defendants from interfering and changing the nature of the suit property. The suit as framed and filed, in my view, was clearly maintainable and court below should not be refused to entertain the suit. However, there are subsequent events which require to be taken note of. The A.S.No.773 of 2002 which was pending before this Court has since been dismissed. With the result, the preliminary decree for partition now stands confirmed. It is also represented that application for final decree is pending. In view of the said development, learned counsel for the petitioner states that he would approach the trial court for seeking appropriate relief in the said final decree proceedings and as the reliefs sought for in the proposed plaint can be entertained by court hearing final decree application, no orders are necessary in this revision. 4. With the said liberty being reserved to the petitioner, this revision petition is dismissed. No order as to costs. ____________________________________ Justice VILAS V. AFZULPURKAR Dated 18-7-2011. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2123 of 2003 Dated 18-7-2011