Civil Revision Petition challenging an interim injunction order. The Court directed the Appellate Court to dispose of the appeal within one month and set aside the impugned order.
Impugned order set aside; approval to dispose C.M.A.No.11 of 2012 within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CIVIL REVISOIN PETITION No.2276 of 2012
ORDER :
Present Civil Revision Petition under Article 227 of Constitution of India has been preferred by the petitioners challenging the order dated 18.04.2012 passed in I.A.No.509 of 2012 in C.M.A.No.11 of 2012 by the I Additional District Judge, Kurnool.
Heard.
Initially, respondent-plaintiff filed O.S.No.21 of 2012 wherein she also filed I.A.No.124 of 2012 under Order XXXIX Rule 1 and 2 and Section 151 of the Code of Civil Procedure seeking temporary injunction and the same was dismissed by the Principal Junior Civil Judge, Kurnool, vide order dated 05.03.2012. Aggrieved over the same, respondent-plaintiff filed C.M.A.No.11 of 2012 wherein also she filed the impugned application seeking interim injunction and the same was allowed vide impugned order. Challenging the same, petitionersrespondents filed the present revision.
After hearing the rival contentions, this Court is of the considered view that instead of going into the merits of the case, it would be suffice to direct the Appellate Court to dispose of the appeal within a stipulated time.
Hence, the impugned order is set aside and the I Additional District Judge, Kurnool, is directed to dispose of C.M.A.No.11 of 2012 itself within a period of one month from the date of receipt of a copy of this order. Both parties shall co-operate in speedy disposal of the appeal.
There shall be no order as to costs.
Miscellaneous petitions filed in this revision, if any, shall stand closed.
________________________ JUSTICE RAJA ELANGO
Dated 5th June, 2012
sur
3 provisions across 2 enactments
petitioners
respondent-plaintiff
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
