P.Hema vs Yalamanchili Durga Rani
2022 Latest Caselaw 2608 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
       THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                                   W.A.No. 1457 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present appeal is arising out of order dated 20.10.2018,

passed by the learned Single Judge, in I.A.No.1 of 2018 in

W.P.No.33824 of 2018.

        The facts of the case reveal that the aforesaid petition was

preferred before this Court for issuance of a direction to the

respondents therein to comply with the injunction order passed in

O.S.No.281 of 1992.

The undisputed facts of the case also reveal that one of the

respondent to the writ petition viz., J.Satyanarayana Reddy, against

whom injunction order was sought, was no longer alive.

Mr. Vivek Jain, learned counsel for the appellant, has stated

before this Court that in case of violation of an injunction order,

the remedy lies elsewhere i.e., under Order XXI Rule 32 of the

Code of Civil Procedure, 1908 (CPC).

In the considered opinion of this Court, as, at the relevant

point of time, J.Satyanarayana Reddy was no more, order ::2::

dated 20.10.2018, passed by the learned Single Judge, in I.A.No.1

of 2018 in W.P.No.33824 of 2018 deserves to be set aside and the

same is, accordingly, set aside.

The Writ Appeal is, accordingly, allowed. No costs.

The learned Single Judge is requested to decide the writ

petition at an early date. The parties will appear before the learned

Single Judge having the roster on 28.06.2022.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

______________________________ SATISH CHANDRA SHARMA, CJ

______________________________ ABHINAND KUMAR SHAVILI, J Date: 10-06-2022 LUR