Ougantai Nagaraju Gowd v. Gopineti Sailaja

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.3820 of 2018 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the docket order dated 06.06.2018 passed by the learned 6th Additional District Judge, Gooty in I.A.No.326 of 2018 in O.S.No.10 of 2018. The contention of the petitioner is that he filed I.A.No.326 of 2018 in O.S.No.10 of 2018 on the file of 6th Additional District Judge, Gooty, seeking interim injunction restraining the respondent-defendant from alienating the schedule mentioned properties in favour of 3rd parties, in any manner, pending disposal of the suit, however, the Court below had only directed 'urgent notice'.

Heard the learned counsel for the petitioner. This is not a case where an ex parte order is required to be passed, particularly considering the fact that the suit filed by the petitioner is based on a registered mortgage deed. In those circumstances, considering the fact that the respondent had already entered appearance in the suit and the Interim Application is filed only in the month of April, 2018, interest of justice would be served if an order is made directing the learned VI Additional District Judge, Gooty to pass appropriate orders on merits in I.A.No.326 of 2018 as expeditiously as possible. Accordingly, the Civil Revision Petition is disposed of with a direction to the learned VI Additional District Judge, Gooty, to endeavour to dispose of I.A.No.326 of 2018 in O.S.No.10 of 2018 as expeditiously as possible. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall also stand closed.

_____________________________ CHALLA KODANDA RAM, J.

Date: 03.10.2018 Ssv