THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.183 of 2008 Date: 27.10.2009 Between : 1. Bandlamudi Jayaraju (died) 2. B.Simon Joseph Sathavahana Raju … Petitioners And Moganti Sarla Devi and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.183 of 2008 ORAL ORDER: Heard learned counsel for the petitioners. 2. This Civil Revision Petition is directed against the order and decree, dated 10.9.2007, in C.M.A.No.24 of 2003, passed by the Senior Civil Judge, Nuzvid, Krishna District, dismissing the appeal and confirming the order and decree, dated 13.2.2003, in I.A.No.759 of 2001 in O.S.No.207 of 2001, passed by the Junior Civil Judge, Nuzvid, dismissing the application filed under Order 39 Rules 1 and 2 of C.P.C., seeking to grant temporary injunction. 3. I have perused the orders passed by both the Courts below. 4. Granting temporary injunction is the discretionary jurisdiction of the Courts below. Primafacie, the Courts should be satisfied regarding the availability of the conditions stipulated under Order 39 Rules 1 and 2 C.P.C., for grant of temporary injunction. If there is no prima-facie case or the grounds to grant temporary injunction, the Courts cannot pass any interim injunction. After perusal of the orders of the Courts below, I am of the considered view that both the Courts have exercised the jurisdiction in an appropriate manner. 5. Therefore, I do not find any illegality or irrationality in the impugned order passed by the Court below and the civil revision petition is liable to be dismissed. 6. However, since the suit is of the year 2001, it is expedient for the trial Court to dispose of the suit with utmost expedition on priority basis, un-influenced by any of the observations made it or by the lower appellate Court. 7. With the above observations and directions, the civil revision petition is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA 27.10.2009 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.183 of 2008 27.10.2009 (Msr)