THE HON'BLE Dr.JUSTICE G.RADHA RANI
CIVIL REVISION PETITION No.2234 of 2022
ORDER:
This Civil Revision Petition is filed by the petitioner/defendant to set aside the order dated 28.04.2021 passed in I.A.No.449 of 2021 in O.S.No.453 of 2021 on the file of learned Special Assistant Agent and Sub-Divisional Magistrate, Mobile Court, Bhadrachalam.
2. Heard learned counsel or the revision petitioner and learned counsel for the respondent/plaintiff.
3. Learned counsel for the revision petitioner submitted that the impugned order was an ex-parte order injunction and the same was passed by the Court below without recording any reasons contrary to Order XXXIX Rule 3 of Cr.P.C and also to the Judgment of the Hon'ble Supreme Court in Shiv Kumar Chadha vs. Municipal Corporation of Delhi1, no reason were also recorded by the trial Court while granting police protection.
4. At request by both the learned counsel, the matter is remanded to the trial Court to pass orders on merits within a period of 30 days from 1 (1993) 3 SCC 161 2 the date of receipt of copy of this order, after giving an opportunity to the petitioner/defendant.
5. Accordingly, this Civil Revision Petition is disposed of. No Costs.
Miscellaneous petitions, if any pending shall stand closed.
_______________________________ Dr.JUSTICE G.RADHA RANI Dt.12.12.2022 Gms/Gv 3 THE HON'BLE Dr. JUSTICE G.RADHA RANI CIVIL REVISION PETITION No.2234 of 2022 Dt.12.12.2022 Gms/Gv