HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION NO. 6363 OF 2009 (CRP(SR) No. 35332 OF 2009 Friday, the thirty first day of December, Two Thousand and Nine Between Mohd. Chand @ Chand Bhai and another Petitioners AND Kaleemunnisa Begum Respondent THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI C.R.P. NO. 6363 OF 2009 CRP (SR)No. 35332 of 2009 ORAL ORDER: This Civil Revision Petition arises out of the order dated 13.11.2009 passed in I.A(SR) No. 17960 of 2009 in CMA No. 275 of 2008 by the learned III Addl. Chief Judge, City Civil Court, Hyderabad, rejecting the petition filed under Rule 57 of the Civil Rules of Practice, to take up the suspension petition filed in the above appeal, as out of order. The above appeal was preferred by the petitioners herein before the learned III Addl. Chief Judge, City Civil Court, Hyderabad, aggrieved by the order dated 29.05.2008 passed in IA No. 155 of 2008 in O.S. No. 382 of 2008 by the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, granting temporary injunction in favour of the respondent herein. It is their case that along with the appeal they did not file suspension petition and taking advantage of the interim injunction, the respondent has started construction over the suit schedule property. Therefore, they filed petition to suspend the interim injunction granted by the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, along with an out of order petition, which was dismissed by the order impugned, observing that there is no urgency. As the Civil Revision Petition seeks to assail the order dismissing out of order petition, the petitioners have to avail the remedies open to them under law before the lower appellate court. Under the supervisory jurisdiction of this court, such a prayer cannot be entertained. The Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ________________________ Justice T. Meena Kumari December 31, 2009 MAS