Boya Jayamma v. G Hasnumaiah

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI C.R.P.No.1567 of 2018 ORDER:

The respondent herein instituted O.S.No228 of 2017 on the file of Principal Junior Civil Judge, Adoni, Kurnool district for perpetual injunction. Along with the suit, he also filed I.A.No.855 of 2017 under the provisions of Order 39 Rules 1 and 2 for temporary injunction. On 25.7.2017, the learned Junior Civil Judge granted ad-interim injunction. 2.

According to the learned counsel for the revision petitioner, the defendant/petitioner herein filed counter in the said I.A. and sought for dismissal of application for interim injunction. Obviously, the grievance of the petitioner in the present revision is non-disposal of the said I.A. According to the learned counsel for the petitioner, as per Order 39 Rule 3A of CPC, it is incumbent upon the Court below to dispose of Interlocutory Application finally if interim injunction is granted exparte within (30) days and it is further submitted that though as long back as on 29.7.2017, a counter is filed by the defendant/petitioner herein, no final orders have been passed by the Court below.

3.

Having heard the learned counsel for the petitioner and taking into consideration the provisions of Order 39 and Rule 3A of CPC, this Court deems it appropriate to direct the learned Principal Junior civil Judge, Adoni, Kurnool district to dispose of I.A.No.855 of 2017 in O.S.No.228 of 2017 as expeditiously as possible, preferably within a period of three weeks from the date of receipt of this order.

4.

The C.R.P. is accordingly disposed of. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date: 13.4.2018 Note:

Issue C.C. in (2) days.

B/o DA

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI C.R.P.No.1567 of 2018 13.4.2018 DA