Tejavath Ganya v. Angirekula Venkanna

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO C.R.P.No.3534 of 2016

ORDER

Heard Sri M.V.Hanumantha Rao, and it is conceded that the Civil Revision Petition is disposed of at the admission stage.

This Civil Revision Petition is filed against the order dated 8.6.2016 in I.A.No.228 of 2016 in O.S.No.185 of 2016 on the file of the Sub Divisional Magistrate and Special Assistant Agent to Government-cum-Mobile Court, Bhadrachalam, Khammam District, whereby the said Court granted ex parte interim injunction against the present revision petitioner in respect of suit schedule land. Aggrieved, he preferred the instant revision petition.

Since the impugned order is an ex parte order passed without summoning and hearing the revision petitioner-defendant, it is thought apposite to direct the revision petitioner to approach the trial Court and file counter by taking all the relevant factual and legal pleas that are permissible under law so as to enable the trial Court to pass an order on merits.

Accordingly, this Civil Revision Petition is disposed of with a direction to the revision petitioner-defendant to approach the trial Court and file his counter in I.A.No.228 of 2016 in O.S.No.185 of 2016 by taking relevant factual and legal pleas that are permissible under law within 20 days from the date of receipt of a copy of this order, in which case the trial Court shall hear both sides and pass appropriate orders on merits within two months from the date of filing of the counter. No costs. Miscellaneous petitions, if any, pending shall stand closed.

_______________________________ JUSTICE U.DURGA PRASAD RAO 27th August, 2016 rkk