THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5755 of 2009 Date of Order: 05-02-2010 Between: 1. Kora Surya Rao and another ..Petitioners and Kora Bllemmai ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5755 of 2009 Oral order: This revision is directed against the orders of the I Additional District Judge, East Godavari at Rajahmundry dated 29- 06-2009 dismissing C.M.A.No.35 of 2007 and affirming the orders passed by the Senior Civil Judge, Ramachandrapuram dated 03-09- 2007 in allowing I.A.No.1688 of 2006 in O.S.No.227 of 2006 filed for mandatory injunction. The learned trial Court held that since the petitioners, who are defendants in the suit, gave two versions that the house consisting of two portions is a old one belongs to joint family, the case of the plaintiff cannot be at the outset held false that it had no single drain for both portions of the house which would be natural on the back side of the house which joins in the eastern side main drain of the municipality. The plaintiff had clearly pleaded that just from one week prior to the filing of the suit, the defendants started obstructing the flow of the water and has shown the same by filing Exs.A1 to A3—telephonic notices, before and after filing of the suit, alleging that the defendants are attempting to close the drain with cement and bricks and accordingly granted temporary mandatory injunction against the defendants directing them to remove the obstruction caused at point ‘P’ in ABCD drain shown in the pliant plan and allow the flow of sullage and usage water from the house of the plaintiff into EFGH municipal drain on the east of their house portion till disposal of main suit. The said order was passed on 03-09-2007 and continued to operation till now and the same has not been suspended pending appeal. The trial court after considering the documents and the Commissioner’s report meticulously granted mandatory injunction and the lower appellate Court refused to interfere with the same. In view of the same, no illegality is made out to interfere with the interim order granted by the trial Court as affirmed by the appellate Court. The Civil Revision Petition is accordingly dismissed. However, the trial Judge shall dispose of the suit expeditiously if possible by the end of April, 2010, if not already disposed of, uninfluenced by any of the observations made by the trial Court while disposing of the I.A. No costs. _________________ A.GOPAL REDDY, J. 05-02-2010 Murthy