M/S. Apollo Hospitals Enterprise Limited v. M.P.Himayaraju

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL REVISION PETITION No.998 of 2016 ORDER:

Heard learned Senior Counsel for the petitioner and learned counsel for the respondent.

Since the grievance of the petitioner is only with respect to the advancement and hearing of the injunction application in I.A.No.1145 of 2015 filed by the respondent/plaintiff, it is not necessary to issue any notice to the respondent. It appears that the respondent filed a suit for declaration of title and permanent injunction and in the said suit, interim injunction was granted by learned Principal Senior Civil Judge, Chittoor, on 17.12.2015. Thereafter, the petitioner states that he appeared and filed counter and also filed I.A.No.102 of 2016 for advancing the hearing in I.A.No.1145 of 2015. It is stated that the matter is being adjourned from time to time. I.A.No.102 of 2016 which was filed on 27.01.2016 was accordingly adjourned to 16.02.2016 and further adjourned to 26.02.2016. Hence, seeking early consideration as well as hearing and disposal of I.A.No.1145 of 2015, this Civil Revision Petition is preferred under Article 227 of the Constitution of India.

Since the petitioner has already filed counter and appropriate application in I.A.No.102 of 2016 seeking advancement of the hearing of I.A.No.1145 of 2015, in the interests of justice, learned Principal Senior Civil Judge, Chitoor, shall fix an early date and hear the parties in I.A.No.102 of 2016 as well as I.A.No.1145 of 2015 and pass appropriate orders, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order. The Civil Revision Petition is accordingly disposed of. There

shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

___________________________ VILAS V.AFZULPURKAR, J Date:29.02.2016 KH