THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CRP NO. 69 OF 2009 Date of Judgment: 10.3.2011 Between: Mohd. Khaja Moinuddin …Petitioner and Pattan Rahmath Khan and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CRP NO. 69 OF 2009 ORDER: Defendant No.1 in O.S.No. 12 of 2008 on the file of the Junior Civil Judge at Sathupalli is the revision petitioner herein and he is aggrieved by the temporary injunction order granted in favour of the respondent/plaintiff by the lower appellate court in CMA No. 5 of 2008 dated 18.11.2008. While the respondent/plaintiff claimed that he purchased the suit schedule property under a registered sale deed, but on account of the regularization thereof by the Mandal Revenue Officer, Sathupali under Record of Rights proceedings he had received title deeds and pattedar pass books in respect of the suit schedule property and on the basis of that, he sought to establish his possession. The petitioner/defendant No.1, on the contrary, contended that the suit schedule property is the ancestral property of the plaintiff and his brothers and from them, the petitioner/defendant No.1 purchased Ac.1-06 guntas under a simple sale deed dated 9.12.1994 by paying full consideration to them. The petitioner/defendant No.1 also asserted possession in pursuance of the said sale deed since 1994. In the injunction application moved by the respondent/plaintiff, the trial Court was not satisfied with the prima facie case and balance of convenience and declined to grant injunction, but the lower appellate court had reversed the said order and granted an order of injunction in favour of the respondent/plaintiff. In this revision, this Court, by order dated 12.1.2009, while ordering notice on admission, directed status quo to be maintained and the said order continues to remain in force. The learned counsel for the petitioner has made several submissions questioning the findings of the lower appellate court and also placed certain new documents before this Court through CRP MP No. 848 of 2011 and submits that the pattedar pass books and title deeds, based on which the respondent/plaintiff was successful in obtaining the injunction order, were cancelled by the revenue authorities. The said new documents were, however, not before the courts below and as such the reception of the said documents at this revisional stage is not warranted, particularly as the suit being of the year 2008 is ripe for disposal. Accordingly CRP MP No. 848 of 2011 is dismissed. However, in the interest of justice and in order to avoid prejudice to either of the parties on account of any observations of this Court on merits of the controversy, I deem it appropriate to dispose of this revision petition by directing the trial Court to try and dispose of the suit pending before it expeditiously within three months from the date of communication of this order. The order of status quo which has been in force since 12.1.2009 shall continue to remain in force till disposal of the suit as above. The petitioner/defendant No.1 shall have liberty to produce the documents filed along with CRP MP No. 848 of 2011 before the trial Court. The revision petition is accordingly disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 10.3.2011 KR