Vemula Venkanna vs Jagarlamudi Ranjith Kumar
2023 Latest Caselaw 1902 Tel

            HON'BLE SRI JUSTICE K. LAKSHMAN

          CIVIL REVISION PETITION No.1950 OF 2023
ORDER:

Heard learned counsel for the petitioners and learned counsel

for respondent No.1. In the cause title, it is mentioned that respondent

Nos.2 to 5 are not necessary parties.

2. Respondent No.1 is the plaintiff in O.S. No.395 of 2022,

while petitioners herein and respondent Nos.2 to 5 are the defendants

in the said suit. Respondent No.1 herein has filed the said suit against

the petitioners and respondent Nos.2 to 5 seeking perpetual injunction.

He has also filed I.A. No.390 of 2022 seeking ad interim injunction.

Vide order dated 17.03.2023, learned Sub-Divisional Magistrate and

Special Assistant Agent to Government, Mobile Court at

Bhadrachalam, granted ad interim injunction.

3. Perusal of the impugned order would reveal that there is no

consideration of the documents filed by the plaintiff and no reasons

were assigned. In the impugned order, there is no reason mentioned

by the learned Magistrate while dispensing with notice to the

petitioners herein and other respondents. He has not given any further

date of hearing for entering appearance by the respondents and filing

KL, J CRP No.1950 of 2023

counter. Thus, the impugned order is in violation of the procedure

laid down under CPC and also the judgments rendered by the Apex

Court and this Court.

4. In the light of the aforesaid discussion, without going into

merits and demerits of the case, the impugned order dated 17.03.2023

passed by learned Sub-Divisional Magistrate in I.A. No.390 of 2022

in O.S. No.395 of 2022 is set aside and the matter is remanded back

with a direction to consider the said I.A. No.390 of 2022 afresh and

pass appropriate orders strictly in accordance with law by putting the

petitioners and the respondents on notice and affording them an

opportunity. The learned Sub-Divisional Magistrate shall dispose of

the said petition as expeditiously as possible, preferably within a

period of thirty (30) days from the date of receipt of copy of this

order.

5. This Civil Revision Petition is accordingly allowed. In the

circumstances of the case, there shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the

revision shall stand closed.

_________________ K. LAKSHMAN, J 1st September, 2023 Mgr