K.V.Rama Kumar vs Rechu Ranjith Reddy
2021 Latest Caselaw 911 Tel

      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

AIR 2004 AP 310 CKR, J

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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