HON'BLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No.1950 OF 2023
ORDER:
Heard learned counsel for the petitioners and learned counsel for respondent No.1. In the cause title, it is mentioned that respondent Nos.2 to 5 are not necessary parties.
2. Respondent No.1 is the plaintiff in O.S. No.395 of 2022, while petitioners herein and respondent Nos.2 to 5 are the defendants in the said suit. Respondent No.1 herein has filed the said suit against the petitioners and respondent Nos.2 to 5 seeking perpetual injunction. He has also filed I.A. No.390 of 2022 seeking ad interim injunction. Vide order dated 17.03.2023, learned Sub-Divisional Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam, granted ad interim injunction.
3. Perusal of the impugned order would reveal that there is no consideration of the documents filed by the plaintiff and no reasons were assigned. In the impugned order, there is no reason mentioned by the learned Magistrate while dispensing with notice to the petitioners herein and other respondents. He has not given any further date of hearing for entering appearance by the respondents and filing 2 KL, J CRP No.1950 of 2023 counter. Thus, the impugned order is in violation of the procedure laid down under CPC and also the judgments rendered by the Apex Court and this Court.
4. In the light of the aforesaid discussion, without going into merits and demerits of the case, the impugned order dated 17.03.2023 passed by learned Sub-Divisional Magistrate in I.A. No.390 of 2022 in O.S. No.395 of 2022 is set aside and the matter is remanded back with a direction to consider the said I.A. No.390 of 2022 afresh and pass appropriate orders strictly in accordance with law by putting the petitioners and the respondents on notice and affording them an opportunity. The learned Sub-Divisional Magistrate shall dispose of the said petition as expeditiously as possible, preferably within a period of thirty (30) days from the date of receipt of copy of this order.
5. This Civil Revision Petition is accordingly allowed. In the circumstances of the case, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the revision shall stand closed.
_________________ K. LAKSHMAN, J 1st September, 2023 Mgr