THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No.2559 of 2011 ORDER: The petitioner is aggrieved by the endorsement dated 08.04.2011 made by the Principal Junior Civil Judge, Eluru vide which the application of the petitioner filed under Order XXXIX Rule 2-A C.P.C. for punishing the respondents was returned as being not maintainable. The petitioner who is the plaintiff in the suit in O.S.No.42 of 2011 had sought interim injunction at the time of filing of the suit. The trial Court vide order dated 04.02.2011 directed the parties to maintain status quo. It is the case of the petitioner that the respondents have raised constructions over the suit schedule property on 25.02.2011 and on 30.03.2011 and hence, they have wilfully disobeyed the orders passed by the trial Court dated 04.02.2011. Learned counsel for the petitioner submits that although the orders of status quo were vacated on 06.04.2011 but that would make no difference to the application of the petitioner filed under Order XXXIX Rule 2-A C.P.C. because the respondents did flouted the orders of status quo granted on 04.02.2011. Learned counsel for the respondents submits that as the status quo orders passed by the trial Court were vacated on 06.04.2011 since the petitioner did not pursue his application, the application under Order XXXIX Rule 2-A C.P.C. is not maintainable. The trial Court has granted status quo orders on 04.02.2011 which were vacated on 06.04.2011. The petitioner has alleged that in between this period, the respondents have flouted the orders of status quo by raising constructions on 25.02.2011 and 30.03.2011. As the petitioner has categorically averred that the respondents have flouted the orders of status quo, it cannot be said that the application filed by him under Order XXXIX Rule 2-A C.P.C. is not maintainable. The trial Court ought to have gone into the question as to whether the respondents have flouted the orders dated 04.02.2011 during the time the status quo order was in force. Resultantly, this revision is allowed and the trial Court is directed to take the application filed by the petitioner under Order XXXIX Rule 2-A C.P.C on record, number the same and pass appropriate orders in accordance with law. There shall be no order as to costs. ____________________________ JUSTICE ASHUTOSH MOHUNTA Dt. 20.10.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No.2559 of 2011 Dt. 20.10.2011