Gorantla Nageswar Rao vs Bathinni Venkata Rao
2023 Latest Caselaw 1918 Tel

              HON'BLE SRI JUSTICE K. LAKSHMAN

         CIVIL REVISION PETITION No.2020 OF 2023
ORDER:

Heard learned counsel for the petitioner and learned counsel for

respondent.

2. The respondent herein is the plaintiff in O.S. No.80 of 2022,

while the petitioner herein is the defendant in the said suit. The

respondent herein has filed the said suit against the petitioner seeking

perpetual injunction. He has also filed I.A. No.72 of 2022 seeking ad

interim injunction. Vide order dated 16.06.2023, learned Agent to

Government, Bhadradri - Kothagudem, 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 Agent while dispensing with notice to the petitioner

herein. He has not given any further date of hearing for entering

appearance by the respondent and filing 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.

KL, J CRP No.2020 of 2023

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

merits and demerits of the case, the impugned order dated 16.06.2023

passed by learned Agent in I.A. No.72 of 2022 in O.S. No.80 of 2022

is set aside and the matter is remanded back with a direction to

consider the said I.A. No.72 of 2022 afresh and pass appropriate

orders strictly in accordance with law by putting the petitioner and the

respondent on notice and affording them an opportunity. The learned

Agent 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. Till then, both the parties are directed to

maintain status quo in respect of the suit schedule property in all

respects.

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