High Court for State of TelanganaCRP/1796/2015disposed of no costs

The Executive Council Of The Andhra v. Rev. Yelamati Adamu

2015-06-26C.V.Nagarjuna Reddy3 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION NO.1796 OF 2015 DATED:26-6-2015 Between:

The Executive Council of the Andhra Evangelical Lutheran Church, Rep. by its Moderator, Bishop Kollabattula Frederick Paradesi Babu R/o. Church Compound, Brodipet, Guntur and another ... Petitioners And Rev. Yelamati Adamu ... Respondent ... Respondents COUNSEL FOR THE PETITIONER: Mr. K.G. Krishna Murthy, Senior Counsel, for Ms. Y. Mahalakshmi COUNSEL FOR THE RESPONDENTS: Mr.B. Nalin Kumar

THE COURT MADE THE FOLLOWING:

ORDER:

This civil revision petition is filed against an ad interim injunction dt.24.4.2015 in I.A. No.1930 of 2015 in S.O.P. No.394 of 2015, on the file of the learned Principal District Judge, Guntur. I have heard Mr. K.G. Krishna Murthy, learned Senior Counsel for the petitioners, and Mr. B. Nalin Kumar, learned counsel for the respondent.

A perusal of the impugned order shows that the same is in the nature of an ad interim injunction. It is not the case of the petitioners that the order under revision is passed in violation of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908. Therefore, I do not find any reason to entertain this revision petition for adjudication on the legality or otherwise of the said order. The proper course for the petitioners is to contest the I.A. on merits before the lower Court. The learned Senior Counsel appearing for the petitioners submitted that on 6.6.2015 his clients have filed a counter affidavit in the I.A. In the above facts and circumstances of the case, the civil revision petition is dismissed without adjudicating on the legality or otherwise of the order assailed in the revision petition with a direction to the learned Principal District Judge, Guntur, to dispose of the I.A. after hearing both sides, within three months from the date of receipt of this order.

As a sequel to dismissal of the civil revision petition, C.R.P.M.P. No.2395 of 2015 shall stand disposed of as infructuous. _______________________ C.V. NAGARJUNA REDDY, J 26-6-2015 bnr