K.V.Rama Kumar v. Rechu Ranjith Reddy

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD IVONDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOUS APPEAL NO: 150 OF 2021 Appeal Under Order 43 Rule 1 of CPC aggrieved by the Qrder dated 24-2-2021 in 1.A.No.233 oI 2021 in O.S.No.45 of 2021 on the file of the Court of the Senior Civil Judge at Nalgonda.

Between:

1. K.V.Ramakumar, S/o.Krishna N4urthy, Aged about 52 years, Occ. Business, R/o. Flat No.101, Sai Laxmi residency, Road No.5, Anjeneya Nagar, lvloosape! 500018.

2. Smt K.Nagawalli, W/o.K.V.Ram Kumar, Aged about 48 years, Occ. Business, !19. Flat No.101, Sai Laxmi residency, Road No.5, Anjeneya Nagar, Moosapel 500018.

3. Smt.M.Nalini, W/o.Venkat Rao, aged 50 Years, Rlo.8-2-26BlVl16 and 1911201 , Banjara Hills, Road No.2, Sagar Society, Hyderabad. ...APPELLANTS/ Respondents / Defendants AND Rechu Ranjith Reddy, S/o.R.lVanik Reddy, Aged about 40 Years, Occ. Business, Rlo.2-277l15,lt4eerpet, Saroor Nagar, Ranga Reddy District - 500097. ...RESPONDENT/ Petitioner / Plaintiff lA NO: 1 oF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim suspension ef the ad-interim injunction order passed in 1.A.No.233 of 2021 in O.S.No.45 of 2021 on the file of Hon'ble Senior Civil Judge, Nalgonda vide its order d1.24.02.2021 pending disposal of the above Civil Revision Petition. Counsel for the Appellants: SRI K. RAJASHEKAR Counsel for the Respondent: None appeared The Gourt delivered the following: JUDGMENT

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOU S APPEAL No. 150of202t JUDGMENT:

Questioning the order dated 24'02'2021 passed by the learned Senior Civil Judge, Nalgonda, in l'A'No'233 of 2021 in O.S.No.45 of 2021 granting ex parte ad interim injunction in favour of respondenVplaintiff, petitioners/defendants filed this Civil Miscellaneous APPeal.

( ( In the light of the judgment of the Division Bench of this Court in Innovative Pharma Surgicals v' Pigeon Medical Devices G) Ltdr, wherein it is observed that the immediate remedy that is available to the opposite party in case of issuing temporary injunction without issuing notice, is under the provisions of Order 39 Rule 4 CPC, which enables the Original Court to vary or set aside or discharge the ex parte order, the petitioners instead of approaching this Court against the order under appeal, ought to have approached the Court below itself by way of filing counter seeking vacation ofthe ad interim injunction order' In those circumstances, as it is asserted that the petitioner had already filed counter-affidavit in the aforesaid I'A', the Court below shall dispose of the aforesaid l'A' on merits, AS I AtR 2oo4 AP 3 to

CI{R, J c.M.A.No.l50 of 2021 expeditiously as possible, at any rate, within a period of four (4) weeks from todaY.

Subject to the above, this Civil Revision Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed. There shall be uo ordcr as to costs'

sD/-KSs+Nl\lt?stiR //TRUE COPY// SECTION OFFICER To 1 . The Senior Civil Judge at Nalgonda'

2. OneCC to SRI K' RAJASHEKAR' Advocate [OPUC]

3. Two CD CoPies gbr { .J

HIGH COURT DATED:2210312021 ,A r€:

S e n I o .L oo 25 MAR 2021 * I

JUDGMENT

.4.

tlr.+ CMA.No.150 of 2021 DISPOSINGOFTHECMA