Lase, T Metro Rail ( Hyderabad) Limited, v. Patil Rail Infrastructure Pvt. Ltd.,
HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY C.R.P.Nos.3121 and 3533 of 2017 and C.M.A.Nos.555 and 560 of 2017 COMMON ORDER:
These Civil Revision Petitions are filed under Article 227 of Constitution of India and Civil Miscellaneous Appeals are filed under Order 43 Rule 1 of C.P.C., challenging the orders, dated 13-06-2017 passed in I.A.Nos.551 and 552 of 2017 in O.S.No.439 of 2017 by the X Additional Chief Judge, City Civil Court, Hyderabad, filed by two sets of parties, whereunder interim injunction and interim suspension were granted without any prior notice as required under Order XXXIX Rule 3 of C.P.C.
When an ex parte order is passed the Court has to record its reason to dispense with prior notice before granting ex parte interim order and such application has to be disposed of within 30 days from the date of passing such order. But the trial Court has not decided the applications within 30 days as mandated under Order XXXIX Rules 3 and 3-A of C.P.C. However, it is brought to the notice of this Court by all the counsel that the petitions were heard by the Presiding Officer of the Court on 06-07-2017 and reserved for orders.
In view of the present stage, the Presiding Officer of the Court is directed to decide the applications, as expeditiously as possible, in any event not later than ten (10) days from today.
Accordingly, the Civil Revision Petitions and Civil Miscellaneous Appeals are disposed of. There shall be no order as to costs.
The Miscellaneous Petitions, if any, pending shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY July 21, 2017 Note: Furnish C.C. by 24-07-2017.B/o.Pn
HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY C.R.P.Nos.3121 and 3533 of 2017 and C.M.A.Nos.555 and 560 of 2017 July 21, 2017 Note: Furnish C.C. by 24-07-2017.B/o.Pn