THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.5021 of 2009 ORDER: Petitioners, who are defendants 1 to 3 in O.S.No.242 of 2008, filed this revision petition under Article 227 of the Constitution of India, assailing the correctness of the order, dated 29.09.2008 passed by III Additional District Judge, Kakinada, in dismissing C.M.A.No.17 of 2008 filed by them and confirming the order, dated 05.05.2008 passed by the Principal Junior Civil Judge, Kakinada, East Godavari in I.A.No.1282 of 2008 in O.S.No.242 of 2008. Both the Courts below concurrently held that respondent No.1/plaintiff established prima facie title over the plaint schedule property; that the petitioners/defendants 1 to 3 association without obtaining any plan from the municipality was making alterations and constructions without leaving setbacks and that as respondent No.1 is the immediate neighbourer to the construction so undertaken by the petitioners’ association, it should be restrained from making illegal constructions pending disposal of the suit filed for permanent and mandatory injunctions. The main grievance of the petitioners’ association is that both the Courts below while disposing of the matter touched the merits of the case and the same will come in the way of final disposal of the suit. It is well settled that any observation made by the Courts while disposing of the interlocutory applications will be based on the documentary evidence furnished by the parties but not the oral evidence, which will be lead in the main suit. It is also well settled that the Courts shall dispose of the main suit uninfluenced by any of the observations made while disposing of the interlocutory applications. In view of the same, I do find any illegality or infirmity in the impugned order warranting interference by this Court. The Civil Revision Petition is accordingly dismissed. However, the trial Court is directed to dispose of the suit as early as possible uninfluenced by any of the observations made in the interlocutory orders. There shall be no order as to costs. ______________________ A.GOPAL REDDY, J 6th NOVEMBER, 2009. kvni