HON’BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.5449 of 2010 ORDER: This revision petition is filed against the order dated 28.10.2010 in I.A. No. 294 of 2010 in O.S. No.87 of 2010 on the file of the Senior Civil Judge, Kavali. The petitioners are the defendants. The respondent is the plaintiff. Initially, the respondent filed the aforesaid Suit for injunction simplictor. Subsequently, in view of the amendments carried out to the plaint, the plaint was ordered to be returned to the respondent on the ground of pecuniary jurisdiction. While returning the plaint, the Court below has passed the following order: “Since the plaint is ordered to be returned for presentation before the proper Court. This I.A. is also returned. On memo, the I.O. is extended till the disposal of this petition.” In this revision petition, it is argued by the learned counsel for the petitioners that while returning the plaint, the Court below has committed a serious error in extending the interim order and therefore the impugned order is liable to be set aside. On the other hand, it is submitted by the learned counsel for the respondent that after return of the papers, the respondent has already presented the Suit before the District Court. While it is true that an interlocutory order was passed at the first instance in the Suit, but in view of the amendments carried out to the plaint, the Court below returned the plaint. When the Court below has returned the plaint itself for proper presentation before the proper Court, it has exceeded its jurisdiction in extending the interim order. For the aforesaid reasons, the revision petition is allowed and the impugned order is set aside. However, it is open for the respondent-plaintiff to file an application for interim relief before the District Court and if such an application is filed, it is open for the District Court to consider the same independently. The revision petition is accordingly allowed. No costs. ____________________ R. SUBHASH REDDY,J Date: 24th December, 2010 pnb