Citation : 2022 Latest Caselaw 1111 Tel
Judgement Date : 9 March, 2022
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
CIVIL REVISION PETITION No. 480 of 2022
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution
of India, is filed by the petitioners/plaintiffs challenging the docket
order dated 25.02.2022 in I.A.No.252 of 2022 in O.S.No.40 of 2022
passed by the learned Senior Civil Judge, Sanga Reddy District.
According to the petitioners, they instituted the suit in O.S.No.40
of 2022 seeking perpetual injunction against the respondents herein.
Pending the suit, they filed I.A.No.252 of 2022 seeking ad interim
injunction restraining the respondents/defendants from interfering
with their possession over the suit schedule properties. However, the
trial Court, by the impugned docket order, without properly
considering the documents filed by the petitioners and the averments
on record, issued urgent notice to the respondents/defendants,
without granting ad-interim injunction in favour of the petitioners.
In view of the judgment rendered by this Court in K. Vijaya
Lakshmi v. G. Nageshwara Reddy1, and in view of the fact that by
the impugned docket order, the trial Court had only issued urgent
notice to the respondents/defendants, without going into the merits or
demerits of the case, the Civil Revision Petition is disposed of directing
the learned Senior Civil Judge, Sanga Reddy, to dispose of I.A.No.252
2015 (1) ALD 465
of 2022 in O.S.No.40 of 2022, as expeditiously as possible, preferably
within a period of two weeks from the date of receipt of a copy of this
order. However, it is made clear that the petitioners shall file an
advancement petition after service of the notices to the
respondents/defendants.
Pending miscellaneous petitions, if any, shall also stand
dismissed. No order as to costs.
_________________________ A.ABHISHEK REDDY, J Date: 09.03.2022 va
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