not disposed of the application filed for temporary injunction= When the Court below has not granted the temporary injunction and has also not disposed of the application filed for temporary injunction inspite of reported readiness. = Evidently, there is no final order passed by the Court below to consider in the revision. There is also a provision for appeal, if the application for injunction is not disposed of within a period of 30 days and that remedy can be available and the recourse under Article 227 of the Constitution of India is not warranted. Therefore, liberty is given to the petitioner to approach the appellate Court for necessary relief. However, the Court below is directed to consider the application filed for temporary injunction and dispose of the same expeditiously.

HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

CIVIL REVISION PETITION No.1047 OF 2013

ORDER:

This Civil Revision Petition is filed against the failure of the Court below in not disposing of I.A.No.103 of 2010 filed in O.S.No.37 of 2010 seeking granting of temporary injunction.

2.       The suit is one filed for permanent injunction and the application is filed for temporary injunction.

3.       The grievance of the petitioner is that the Court below has not granted the temporary injunction and has also not disposed of the application filed for temporary injunction inspite of reported readiness. 

4.       Evidently, there is no final order passed by the Court below to consider in the revision.  There is also a provision for appeal, if the application for injunction is not disposed of within a period of 30 days and that remedy can be available and the recourse under Article 227 of the Constitution of India is not warranted.  Therefore, liberty is given to the petitioner to approach the appellate Court for necessary relief.  However, the Court below is directed to consider the application filed for temporary injunction and dispose of the same expeditiously.

5.       With the above direction, the Civil Revision Petition is disposed of, at the stage of admission.  No order as to costs.  Miscellaneous Petitions, if any, pending in this revision petition shall stand closed.

___________________________

N.R.L.NAGESWARA RAO,J

Date:18.03.2013.

Note:

Issue CC by 21.3.2013.

B/o.

Gk.

HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

CIVIL REVISION PETITION No.1047 OF 2013

Date:18.03.2013

Gk.