Reddi Satyanarayana vs Reddi Narayana Narayana Rao
2022 Latest Caselaw 6740 Tel

            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

(1993) 3 SCC 161

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

THE HON'BLE Dr. JUSTICE G.RADHA RANI

CIVIL REVISION PETITION No.2234 of 2022

Dt.12.12.2022

Gms/Gv