M Ravinder Reddy And Another v. M Mahipal Reddy

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No.1149 OF 2018 ORAL ORDER:

Heard Sri Venkat Rao Patil, learned counsel for the petitioners - defendants.

2. His main submission is that having granted interim injunction on 06.07.2017 in I.A. No.111 of 2017 in O.S. No.31 of 2017, it was being extended from time to time without disposing of it, by the learned Senior Civil Judge, Zaheerabad. He would also submit that the petitioners, who are respondents in the aforesaid I.A., have filed counter on 18.08.2017 and despite the petitioners herein insisting for disposal of said I.A., on memo, the interim injunction was being extended from time to time. The learned counsel also would point out that within 30 days as per new amendment to CPC Court has to dispose of an interlocutory application, where ad-interim injunction is granted.

3. Be that as it may, when counter was also filed, the Court ought to have taken up the interlocutory application to dispose it of on merits by hearing both sides. Therefore, the learned Senior Civil Judge, Zaheerabad is directed to dispose of I.A. No.111 of 2017 in O.S. No.31 of 2017 in accordance with law within a month from the date of receipt of a copy of the order.

4. With the aforesaid direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the present revision, stand closed.

___________________________ A. SHANKAR NARAYANA, J March 16, 2018.

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