Mekapati Subbaiah Vs Gurram Subbamma — Andhra Pradesh HC (2025) — LawSathi Research

Mekapati Subbaiah Vs Gurram Subbamma — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned Junior Civil Judge at Udayagiri, SPSR Nellore district to dispose of I.A.No.59 of 2023 in O.S.No.49 of 2023 in accordance with law, as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the Order; Civil Revision Petition disposed of with no order as to costs; pending miscellaneous petitions closed.

Issue for consideration

Whether the Civil Revision Petition seeking to set aside the docket order dated 08.05.2023 in I.A.No.59 of 2023 in O.S.No.49 of 2023 (granting ex parte ad interim injunction, extended till 04.02.2025) and to direct the Court below to pass final orders in the I.A. should be allowed. +1 more

Ratio / Principle

Without going into the merits of the case, the learned Junior Civil Judge at Udayagiri, SPSR Nellore district is directed to dispose of I.A.No.59 of 2023 in O.S.No.49 of 2023 in accordance with law.

Key takeaways

The disposal of I.A.No.59 of 2023 in O.S.No.49 of 2023 is to be as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of the Order.ratio¶29
With the above direction, the Civil Revision Petition is disposed of, with no order as to costs.ratio¶31
Miscellaneous petitions pending, if any, in this Civil Revision Petition shall stand closed as a sequel thereto.ratio

Detailed headnote1 paragraphs

Civil Revision Petition disposed of (High Court of Andhra Pradesh at Amaravati, K. Sreenivasa Reddy, J., 13.03.2025): The petitioners challenged a docket order dated 08.05.2023 of the learned Junior Civil Judge, Udayagiri, SPSR Nellore district, granting ex parte ad interim injunction in I.A.No.59 of 2023 in O.S.No.49 of 2023 (a suit for injunction simplicitor), which had been extended from time to time till 04.02.2025 despite the defendants having filed their written statement and counter. Without going into the merits, and on the joint submission of both counsel that the trial Court be directed to decide the application within a timeframe, the High Court directed the trial Court to dispose of I.A.No.59 of 2023 in O.S.No.49 of 2023 in accordance with law, as expeditiously as possible, preferably within eight (8) weeks from receipt of a copy of the Order. No order as to costs; pending miscellaneous petitions closed.

APHC010020152025

[3327]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY, THE THIRTEENTH DAY OF MARCH TWO T H OUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

CIVIL REVISION PETITION NO. 148 OF 2025

Between:

MEKAPATI SUBBAI A H, S/O CHENGAIAH, HINDU AGED A BOUT 65 YEARS, R/O PONGURUKANDRIGA VILAGE, MARRIPADU MANDAL, SPSR NELLORE DIS T RICT

MEKAPATI PADMAI A H, S/O CHENGAIAH HINDU, AGED A BOUT 60 YEARS R/O PONGU R UKANDRIGA VILAGE, MARRIPADU MANDAL, SPSR NELLORE DIS T RICT

...PETITIONER(S)

AND

GURRAM SUBBAMMA, W/o late Kotaiah, Hindu, aged abou t 77 years, R/o Pongurukandriga v ilage, Marripadu Mandal, SPSR Nello r e District

...RESPONDENT

Counsel for the Petitioner(S):

1.BHANU PRASAD CH U KKAPALLI

Counsel for the Respondent:

1.RAMINENI SATISH B A BU

2.;

The Court made the following:

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ORDER:

This Civil Revision Petition has been filed to set aside the Docket order dated 08.05.2023 passed in I.A.No.59 of 2023 in O.S.No.49 of 2023 by the learned Junior Civil Judge at Udayagiri, SPSR Nellore district, granting ex parte ad interim injunction till 19.05.2023, which has been extended from time to time till 04.02.2025, and consequently to direct the Court below to pass final orders in I.A.No.59 of 2023 in O.S.No.49 of 2023, as expeditiously as possible.

The material on record goes to show that the suit was filed for injunction simplicitor. Along with the suit, the plaintiff filed I.A.No.59 of 2023 in O.S.No.49 of 2023 for temporary injunction. The trial Court granted ex parte ad interim injunction on 08.05.2023 till 19.05.2023 and the same has been extended from time to time till 04.02.2025. In the meanwhile, the defendants filed written statement in the suit and also counter in I.A.No.59 of 2023.

When the matter came up for hearing today, both the learned counsel submitted that the trial Court may be directed to dispose of I.A.No.59 of 2023 in O.S.No.49 of 2023, by fixing a timeframe.

In view of the said reason, without going into the merits of the case, the learned Junior Civil Judge at Udayagiri, SPSR Nellore district, is directed to dispose of I.A.No.59 of 2023 in O.S.No.49 of 2023, in accordance with law, as

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expeditiously as possible, preferably within a period of eight (8) weeks from

the date of receipt of a copy of this Order.

With the above direction, the Civil Revision Petition is disposed of. No order as to costs.

As a sequel thereto, Miscellaneous petitions pending, if any, in this Civil Revision Petition shall stand closed.

____________________________ JUSTICE K. SREENIVASA REDDY

13.03.2025

anr

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46

THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY

CIVIL REVISION PETITION NO.148 OF 2025

13.03.2025

anr