Syed Ameenuddin v. Syed Habibuddin

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CIVIL REVISION PETITION No.4490 Of 2017 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India is field challenging the order dated 12.08.2016 passed in I.A.No.367 of 2016 in O.S.No.335 of 2016 on the file of the Court of the Sub-Divisional Magistrate & Special Agent to Government, Mobile Court, Bhadrachalam.

Heard the learned counsel for the petitioner. A perusal of the record reveals that the respondents have filed O.S.No.335 of 2016 against the petitioner and another for perpetual injunction. Along with the suit, the respondents filed I.A.No.367 of 2016 under Order 39 Rules 1 and 2 CPC seeking ex parte interim injunction and the same was granted on 12.08.2016. At the time of arguments, the learned counsel for the petitioner submitted that the petitioners filed counter in the I.A.No.367 of 2016 and the only relief sought for by him is to direct the trial court to dispose of the I.A.No.367 of 2016 as expeditiously as possible. In view of the submissions made by the learned counsel for the petitioner this Court is not inclined to go into the merits of the main case.

Having regard to the facts and circumstances of the case, this Civil Revision Petition is disposed of directing the learned SubDivisional Magistrate & Special Agent to Government, Mobile Court, Bhadrachalam to dispose of I.A.No.367 of 2016 in O.S.No.335 of 2016 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. No order as to

costs. As a sequel, miscellaneous petition, if any, pending in this Civil Revision Petition shall stand dismissed.

_____________________ T. SUNIL CHOWDARY, J.

Date: 08.09.2017 Kvsn