Sandepogu Harijana Hanumanthu Vs Late Pedda Maddama @ Maddakka

This revision petition is filed under Article 227 of the Constitution of India against the docket order dated 02.01.2025 passed in I.A.No.271 of 2024 in C.M.A.No.12 of 2024 by the Court of VI Additional District Judge, Kurnool, by which the interim injunction granted by the trial Court on 27.11.2024 in I.A.No.13 of 2023 in O.S.No.25 of 2023 on the file of the Court of IV Additional Junior Civil Judge, Kurnool was suspended.

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The revision petitioner filed suit for permanent injunction and also I.A.No.13 of 2023 under Order XXXIX, Rules 1 and 2 of C.P.C. seeking temporary injunction. The petition was allowed by the trial Court on 27.11.2024 granting temporary injunction. Against the said order, the respondents / defendants preferred appeal in C.M.A.No.12 of 2024 which is pending before the Court of VI Additional District Judge, Kurnool. Pending the appeal, vide order dated 02.01.2025 in I.A.No.271 of 2024 in C.M.A.No.12 of 2024, after hearing the counsels for both parties, the appellate Court passed order of interim suspension and stay of the execution of the order dated 27.11.2024 in I.A.No.13 of 2023 till 28.01.2025 and adjourned the matter to 28.01.2025 for filing counter.

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The learned counsel for the revision petitioner / plaintiff submitted that the interim order passed by the appellate Court had been extended.

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On 03.03.2025, the appellate Court heard both parties and received written arguments filed by the appellants and reserved the matter for orders. However, in view of the transfer of the presiding officer, the matter was reopened on 09.04.2025 and was adjourned to 29.04.2025 and later to 24.06.2025 and 14.08.2025.

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C.R.P.No.1660 of 2025

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The revision petitioner contends that under the guise of the interim order of suspension, the respondents destroyed the crop of the petitioner and now interfering with the possession also and thereby serious prejudice is caused to the petitioner due to the inordinate delay in hearing and passing the orders.

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Therefore, the learned counsel for the petitioner urged for passing early order finally disposing the C.M.A., if not, the order in I.A.No.271 of 2024 is examined in revision before this Court.

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Under the above facts and circumstances, the revision petition is disposed of directing the appellate Court i.e., VI Additional District Court, Kurnool to hear and dispose of the C.M.A.No.12 of 2024 within one (01) month from the date of receipt of copy of this Order.

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There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand closed.

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________________________ JUSTICE B.S.BHANUMATHI

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Date: 15.07.2025 NSM

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C.R.P.No.1660 of 2025