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ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

Tuesday, August 2, 2016

Delay in disposing injunction petition = interlocutory application under Order XXXIX, Rules 1 and 2 and Section 151 CPC seeking temporary injunction in which the respondents-defendants filed their counters.= the trial Court is directed to dispose of I.A.No.3180 of 2014 in O.S.No.1502 of 2014 on merits within one month from the date of receipt of a copy of this order.

CRP 1391 / 2016
CRPSR 7571 / 2016CASE IS:DISPOSED
PETITIONERRESPONDENT
B.BALU NAIK  VSSMT. M. BUJJI @ JYOTHI & ANOTHER
PET.ADV. : CHALLA AJAY KUMARRESP.ADV. : 


HON’BLE SRI JUSTICE R.KANTHA RAO
Civil Revision Petition No.1391 of 2016
Order: Heard Sri Challa Ajay Kumar, learned counsel appearing for the petitioner.
2. The revision petitioner-plaintiff filed an interlocutory application under Order XXXIX, Rules 1 and 2 and Section 151 CPC seeking temporary injunction in which the respondents-defendants filed their counters. It is submitted that the learned Court below without passing any orders on the interlocutory application has been adjourning the matter from time to time.
3. The only relief sought for in the civil revision petition is to issue a direction to the Court below to dispose of the interlocutory application at an early stage. Therefore, this Court is of the view that no notice to the opposite party is necessary. Copy of the docket proceedings of the Court below shows that the matter is being adjourned by the trial Court unnecessarily and keeping the same pending without any disposal.
4. Therefore, the trial Court is directed to dispose of I.A.No.3180 of 2014 in O.S.No.1502 of 2014 on merits within one month from the date of receipt of a copy of this order. The civil revision petition is accordingly disposed of at the stage of admission. The miscellaneous petitions, if any, pending in this revision shall stand closed. No costs. ___________________ R.KANTHA RAO, J. 22 nd April, 2016. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Civil Revision Petition No.1391 of 2016 2 2 n d A p ril, 2 0 1 6. (Ak)

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