HON'BLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No.2020 OF 2023
ORDER:
Heard learned counsel for the petitioner and learned counsel for respondent.
2. The respondent herein is the plaintiff in O.S. No.80 of 2022, while the petitioner herein is the defendant in the said suit. The respondent herein has filed the said suit against the petitioner seeking perpetual injunction. He has also filed I.A. No.72 of 2022 seeking ad interim injunction. Vide order dated 16.06.2023, learned Agent to Government, Bhadradri - Kothagudem, 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 Agent while dispensing with notice to the petitioner herein. He has not given any further date of hearing for entering appearance by the respondent and filing 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. 2
KL, J CRP No.2020 of 2023
4. In the light of the aforesaid discussion, without going into merits and demerits of the case, the impugned order dated 16.06.2023 passed by learned Agent in I.A. No.72 of 2022 in O.S. No.80 of 2022 is set aside and the matter is remanded back with a direction to consider the said I.A. No.72 of 2022 afresh and pass appropriate orders strictly in accordance with law by putting the petitioner and the respondent on notice and affording them an opportunity. The learned Agent 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. Till then, both the parties are directed to maintain status quo in respect of the suit schedule property in all respects.
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