In a civil revision petition challenging an order granting ex parte ad-interim injunction, the court disposed of the revision without addressing merits, directing the lower court to decide the interim application within four weeks.
Directed the court below to dispose of I.A.No.643 of 2010 in O.S.No.707 of 2010 within four weeks.
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THE HON'BLE MR JUSTICE G. CHANDRAIAH
CIVIL REVISION PETITION No.4649 of 2011
O R D E R:
The Civil Revision Petition is filed by the petitioners/defendants aggrieved by the order dated 03.11.2010 passed in I.A.No.643 of 2010 in O.S.No.707 of 2010 by the Junior Civil Judge, Nellore.
2. Heard the learned counsel for the petitioners and the learned counsel for the respondent.
3. The petitioners are the defendants in the suit filed by the plaintiff in O.S.707/2010 on the file of the Junior Civil Judge, Nellore seeking for permanent injunction restraining the defendants therein from interfering with the peaceful possession and enjoyment of the suit schedule property. Along with the suit, the respondent/plaintiff also filed I.A.No.643 of 2010 seeking ad-interim injunction pending disposal of the suit. Consequently on hearing the respondent/plaintiff, the court below passed an ex parte interim injunction on 30.8.2010 while issuing notices to the respondents therein. Consequent to the issuance of the notices by the court below, the respondents therein i.e., the petitioners herein entered their appearance on 28.9.2010 and also filed their counter on 3.11.2010. Then the matter was adjourned to 11.11.2010 on the ground that both the counsel reported not ready with the matter.
4. The contention of the learned counsel for the petitioners herein is that on one ground or the other, the respondent herein is trying to drag on the matter with an intention to harass the petitioners and thereby the petitioners are put to irreparable loss and hardship. The court below granted ad-interim injunction and counter-affidavit is filed and hence I.A is to be disposed of.
5. Having regard to the facts and circumstances of the case, without going into the merits of the case, the Civil Revision Petition is disposed of directing the court below to dispose of the I.A.No.643 of 2010 in O.S.No.707 of 2010 as early as possible within a period of four weeks from the date of receipt of copy of this order.
6. The Civil Revision Petition is accordingly disposed of. No order as to costs.
___________________ G.CHANDRAIAH,J
Dated: 26.12.2011
Note: Issue C.C in two days. B/o. Gk
THE HON'BLE MR JUSTICE G. CHANDRAIAH
CIVIL REVISION PETITION No.4649 of 2011
Date:26.12.2011
Gk.
1 issue framed by the court
Whether the impugned order granting ex parte interim injunction should be disposed of with directions for hearing as full and fair hearing not possible?
PETITIONERS/DEFENDANTS
RESPONDENT/PLAINTIFF
G. CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
