THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No. 150 of 2021
JUDGMENT:
Questioning the order dated 24.02.2021 passed by the learned Senior Civil Judge, Nalgonda, in I.A.No.233 of 2021 in O.S.No.45 of 2021 granting ex parte ad interim injunction in favour of respondent/plaintiff, petitioners/defendants filed this Civil Miscellaneous Appeal.
In the light of the judgment of the Division Bench of this Court in Innovative Pharma Surgicals v. Pigeon Medical Devices (P) Ltd1, wherein it is observed that the immediate remedy that is available to the opposite party in case of issuing temporary injunction without issuing notice, is under the provisions of Order 39 Rule 4 CPC, which enables the Original Court to vary or set aside or discharge the ex parte order, the petitioners instead of approaching this Court against the order under appeal, ought to have approached the Court below itself by way of filing counter seeking vacation of the ad interim injunction order.
In those circumstances, as it is asserted that the petitioner had already filed counter-affidavit in the aforesaid I.A., the Court below shall dispose of the aforesaid I.A. on merits, as 1 AIR 2004 AP 310 CKR, J 2 C.M.A.No.150 of 2021 expeditiously as possible, at any rate, within a period of four (4) weeks from today.
Subject to the above, this Civil Revision Petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 22nd MARCH, 2021.
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