Kethamalla Srinivasa Rao v. Peraboina Appa Rao

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Civil Revision Petition No.3649 of 2016 ORDER:

Heard Sri M.M.M.Srinivasa Rao, learned counsel representing Sri Kowturi Vinay Kumar, learned counsel for petitioner and with his consent this C.R.P. is disposed of at the admission stage.

2) This CRP is filed aggrieved by the order dt.04.02.2016 in I.A.No.41 of 2016 in O.S.No.53 of 2016 on the file of SubDivisional Magistrate and Special Assistant, Agent to Government, Mobile Court, Bhadrachalam whereunder learned Judge granted ex parte interim injunction in favour of respondents/plaintiffs.

3) Since the order impugned is an ex parte order and the stand of the revision petitioner is not known either before this Court or lower Court, it is considered appropriate to direct the revision petitioner to approach the trial Court and file his counter and vindicate his rights in the suit property. 4) Therefore, revision petitioner/defendant is directed to approach the trial Court and file his counter within four(4) weeks from the date of this order, in which case the trial Court shall hear both parties and pass appropriate orders on merits within one month from the date of filing of the counter.

5) This CRP is disposed of accordingly.

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

_______________________________ JUSTICE U.DURGA PRASAD RAO Dt: 28.07.2016 Note: Issue C.C in one week.

(b/o) Murthy