Vennapusa Srinivasa Reddy vs Mannam Radha
2023 Latest Caselaw 1400 AP

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      THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI


           CIVIL REVISION PETITION No.620 of 2023

ORDER:

Aggrieved by the non-disposal of vacate stay petition vide

Interlocutory Application No.1381 of 2022, which is filed on

27.09.2022, in I.A.No.1337 of 2022 in Original Suit No.1066 of

2022 on the file of the Court of Principal Junior Civil Judge,

Ongole, the present Civil Revision is filed by the Revision

Petitioners under Article 227 of the Constitution of Indian.

2. The petitioners herein are the defendant Nos.2 and 3;

respondent No.1 herein is the plaintiff and respondent No.2 is

defendant No.1 in the above suit.

3. The 1st respondent herein/Plaintiff filed the said suit for

Permanent Injunction restraining the defendants and their men

from ever interfering with the peaceful possession and enjoyment

of the Plaint schedule land of the plaintiff in any manner. Along

with the said suit, the 1st respondent herein/plaintiff also filed

I.A.No.1337 of 2022 on 23.09.2022 under Order XXXIX Rule 1

and 2 and Section 151 C.P.C seeking ad-interim injunction. The

Court below, vide order dated 23.09.2022, has granted ad-interim

injunction. Aggrieved by the same, the petitioners

herein/defendants Nos.2 and 3 filed I.A.No.1381 of 2022 under

Order XXXIX Rule 4 r/w Section 151 C.P.C on 27.09.2022 seeking

to vacate the ad-interim injunction granted in I.A.No.1337 of 2022

and since then, the Court below has not taken up the same for

consideration. As such, the petitioners herein filed the present

Civil Revision Petition.

4. Heard Sri Srinivasulu Kurra, learned counsel for the

Revision Petitioners.

5. Learned counsel for the petitioners, in elaboration to what

has been stated in the grounds of revision, contended that the

Court below has failed to see the purport of the order in a right

perspective and thereby granted ad-interim injunction in a cryptic

manner without assigning any reasons. He further contended that

in order to vacate the same, the petitioners herein got filed the

present I.A.No.1381 of 2022 on 27.09.2022, but till today, the

Court below has not taken up the same for consideration.

Learned counsel for the petitioner further submitted that without

there being any compromise proposals, the Court below adjourned

the matter from time to time on the ground of compromise and

when the petitioner filed vacate stay petition, the question of

compromise does not arise. By virtue of the interim order granted

in favour of the respondent No.1 herein, the respondent No.1

herein/plaintiff has forcibly taken up the entire crop. If the said

Vacate stay petition is not taken up for consideration, the

petitioners herein will be put to irreparable loss and hardship, as

such prayed for a direction to the Court below to dispose of the

said I.A.No.1381 of 2022.

6. In support of his contention, learned counsel for the

petitioners relied on the Judgement of the High Court of

Hyderabad in Civil Revision Petition Nos.1044, 970 and 971 of

2020 and contended that the Hon'ble Court has categorically

stated that the Court below should not only assign reasons, while

granting injunction, but also to decide the said application within

30 days from the date on which the injunction was granted, by

relying on the judgment of the Apex Court, as such this judgment

is squarely applicable to the facts of the present case and prays to

pass appropriate orders in that regard.

7. Perused the material available on record and the impugned

order, it shows that the Court below, vide order dated 23.09.2022,

has granted temporary injunction in I.A.No.1337 of 2022 without

assigning any reasons. Under those circumstances, the petitioners

herein filed I.A.No.1381 of 2022 on 27.09.2022 seeking to vacate

the ad-interim injunction, but the same is still pending before the

Court below.

8. Taking the entire submissions of both the counsel into

consideration and as the Interlocutory Application was pending

before the Court since 27.09.2022, this Court is inclined to

dispose of the Revision with the following direction:

The Court below i.e., learned Principal Junior Civil Judge, Ongole is hereby directed to dispose of the I.A. No.1381 of 2022 in I.A.No.1337 of 2022 in Original Suit No.1066 of 2022, after affording an opportunity of hearing to both parties, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order.

9. With the above direction, the Civil Revision Petition is

disposed of at the stage of admission. There shall be no order as

to costs.

Consequently, miscellaneous petitions, if any, shall stand closed.

__________________________________ JUSTICE RAVI CHEEMALAPATI 14.03.2023 C.C by 16.03.2023 MP

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

CIVIL REVISION PETITION No.620 of 2023

14.03.2023

C.C. by 16.03.2023 MP