HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.383 OF 2009 DATE:05-08-2011 BETWEEN G.Srihari Prasad …Petitioner AND Potluri Kanchana and others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.383 OF 2009 ORDER: Questioning the injunction order granted in favour of the petitioner- plaintiff, the defendant-respondents herein carried the matter in appeal before I Additional District Judge, Vijayawada in C.M.A.No.23 of 2008. Pending the appeal, the plaintiff-petitioner herein filed I.A.No.1298 of 2008 stating that though the interim injunction granted in his favour is in force, the defendants- respondents herein, who filed the appeal, violated the said order and therefore, commissioner may be appointed to note down the physical features of the suit schedule property, which is helpful in deciding the appeal. When the said I.A. was directed to be heard along with the main C.M.A., the petitioner-plaintiff filed the present revision and obtained the stay of the proceedings of C.M.A.No.23 of 2008. In effect, the lower appellate Court could not dispose of the C.M.A. Meanwhile, the trial in the suit has already been commenced. In that view of the matter, no purpose would be served directing the lower appellate Court to dispose of the impugned I.A.No.1298 of 2008 instead of disposing of the appeal. Therefore, the lower appellate Court is directed to dispose of C.M.A.No.23 of 2008 within two months from the date of receipt of a copy of this order. Petitioner is at liberty to move the trial Court under Order XXXIX Rule 2-A of C.P.C. for violating the injunction order. The revision is dismissed with the above observations. No costs. _______________ A. GOPAL REDDY, J. AUGUST 05, 2011 Tsr.