The High Court · 2025

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CIVIL REVIsto N PETITION NO:1910 oF 2025 Petition under A ,.icre 227 0f rndia aggrieved by the order dated 22-04-2025 in lANo517 of 2o2o in o.S.No.495 20i"0;;r#file of the court of the sub- Divisionar Maqistrate & soeciar Assistant ngent io Government, It40bire court at "f Bhadrachalam Between: Punem Eswari, Wlo SurapakaRamachandraiah, (D/o Late punem Laxminarayana), Aoe: 62 vears, Occ: Agriculture, nlo H No I S-+2, Subashnagar, Yellandu Mandal, BhadradriKothagrO"."Oi.t;i ""' AND 1 ...Petitioner/plaintiff Ramachandraiah, Age: 59 Punem Munnaiah, S/o punem Chandraiah @ years, Occ: Agriculture

2. Punem Ramakrishna, S/o tVlunnaiah, Age: 36 years, Occ: RTC Driver 3. punem surender, s/o lVunnaiah, Age: 54 y;;;s;6lc: Lorry Driver 4 Punem pedda Mailaiah, S/o pagadliah, Atl;, 54 ferr., o"., Agricutture 5. Punem papaiah, S/o Reddaiah,-Age: s+ ye;, O'cl: Rgriculture 6, Punem Somaiah, S/o Reddaiah, ni", S+ VLr[, O"": Agriculture 7. Punem Venkateswarlu, S/o Somaiih, Ag.j. 39 y;;", occ: Agriculture 8. Punem Ashok, S/o Somaiah, Age: 34 y.;, d;.Agricutture 9 Punem Jayalaxmi, Wo Laxm.inirayrn", ng", 5a years, Occ: Agriculture '10. Punem Laxmikanthaiah, S/o. .Laxmaia n, Ag"i iq i.^rs, Occ: Agriculture 'l I. Punem Veerabhadramm,S, ff/o la1aiah, n'g;: +S'ye"ars, Occ: Agricutture 12.Punem Chandramma, Wlg,eledg fvfgilaianl nge: 66 y"rr., Occ: Agricutture '13. Punem Veerabhadraiah, S/o pedda f,rf f rirn, ig"l"a4 years, Occ: Agricutture 14.Punem Ramesh, S/o pedda t\rlailaiah, Ag;, 3b VZ;r., Occ: Auto Driver All the above Defendants No.1 to i+ iru rlJiOunis of Jagadamba Gumpu, Hanumanthurapadu Grama panchayathi, iurru"or. Mandar, Bhadradri Kothagudem District "f IANO:1O F 2025 ...Respondents/Defendants Petition under Section 1 15 cpc praying that in the circumstances stated in the affidavit fired in support of the peiitio;, ih" riign court may be preased to suspend the operation of the orders dared 22-04-2025 in r.A.No.517 0f 2o2o in o's'No 495 0f 2020 of the Hon'br" sruSiuirionar Magistrate and Speciar to Government, r\/obite Court at ehloracnaiam, p".Oi"g Oir:p"rrr ff,H,U$n"rt IA NO: 2 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleaso'd to permit the petitioner to file additional documents in the cRP No. 1910 of 2025. Counsel for the Petitioner: Sri K. Sai Pranav, counsel representing Sri Srinivasa Rao Madiraju Counsel for the Respondents: Sri A. Dheeraj, counsel representing Sri Mohd Subhan Pasha The Court made the following: ORDER xw. ,,, HON'BLE SRI JUSTICE J. SREENTVAS RAO CIVIL REVISI oN PETITION No.191O OF 2O25 ORDER: This Civii Revision petition has been filed aggrieved by the order dated 22.04.2025 on the file of Sub Divisonal Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam (,Mobile Court, for brevity) I.A.No.5i7 of 2O2O in O.S.No.495 of 202O wherein the injunction application filed by the petitioner was dismissecl and the interim injunction order dated 20.ll.2O2O was vacated 1n

2. Heard Sri K.Sai pranav, learned counsel, representing Sri Srinivasa Rao Madiraju, learned counsel for the petitioner and Sri A.Dheeraj, learnecl counsei, representing Mohd Subhan Pasha, Iearned counsel for respondents. J Petitioner is the plaintiff and respondents are defendants in the suit.

4. The facts giving rise to filing of this Civil Revision petition briefly stated as lollows: 2 JSR, J cRlJNo 19tlr OF 2025 -

4.1. The petitioner filed Suit in O.S No'495 of 2O2O for grant of perpetual injunction restraining the respondents from interferlng rvith the suit schedule property Along with the said suit, the petitioner has filed l.A'No 517 of 2O2O seeking ad interim injunction. Learned Mobile Court has grantcd ad interim injunctlon on 20.ll.2O2O- In the above said surt the respondents were made ex patle on O6 12 '2022 and the suit that stage, the was poslecl for arguments. At respondents / defendants have hled application namely I.A.No.91 ctf 2C24 seeking to set aside the ex-pafte order dated O6.t2.2022 and to give opportunity to them to {lle rvritten statement and contest the suit and the said appLication rvas allon,ed an 22.O4.2025. On the very same day, leamed Mobile Court has dismissed the application namely I A No 5 17 of 2O2O ancl vacated the injunction order grantecl earlier in favor of the petitioner on 20- ll.2O2O. Hence, the present civil revision petition.

5. Learned counsel for the petitioner vehemently contended that learned Mobiie Court while allowing the application I.A.No.9 i of 2024 has set aside the ex-parte order dated . r,':-.'-.,--rt:;tt J JSR, J C.R.P.No.l91O OF 2025

06.72.2022 and permitted the respondents to contest the suit. On the very same date, learned Mobile Court has dismissed the I.A.No.5l7 ol 2O2O and vacated the interim injunction order which was grantecl on 2O.l l.2O2O without giving opportunity much less the reasonable opportunity to the petitioner and passed the impugned orcler which is gross violation of principles of natural justice.

6. Per contra, learned counsel appeartng on behalf of respondents submits that learned Mobile Court dismissed the application and vacated tlne ex-parte injunction order granted in favour of the petitioner by giving cogent reasons and there are no grounds to interfere with the impugned order passed by the learned Mobile Court. 7 . This Court consrdered the rival submissions made by respective parties and perused the material available on record. It is not in dispute that the plaintiff filed suit in O.S.No.495 of 2O2O against respondents/ defendants for grant of perpetual injunction on 1 1. 11.2020 along with I.A.No.517 of 2O2O for grant of ad interim injunction. Learned Mobile Court 4 JSIt, J c R P i\o.1910 OF 2O25 has granted acl interim injunction on 20 |I 2O2O ' SubsequentlY, the respondents/ defendants rvere made ex pafte on 06.72.2022 on the ground of non-filing of written statement and the suit was posted fr-rr orders At that juncture, respondents fried application namely i A No 91 of 2024 seeking to set aside tlne ex-parle order dated 06 12 2022 and permrt them to contest the suit as rvell as I A No 517 of ?020 on rnertts

8. The recorcl further discloses that learned Mobile Court aliowed the I.A.No.91 of 2024 on 22.04.2025 and on the very same day dismissed the injunction application namely I.A.No.517 of 2O2O and vacated the ad interim injur.rction order dated 20.lI .2020 especially when the same was subsisted for more than four years without giving any cogent reasons and opportunity of being heard and the same is gross violation of principles of natural justice and the same is liable to be set aslde and accordingly set aside. g. Taking into consideration the facts and circumstances of the case, the learned Mobile Court is directed to dispose of the 5 JSR, J C. R.P.No l9lO OF 2025 application namely I.A.No.517 of 2O2O after giving reasonabie opportunity to both the parties and pass a reasoned order. within a period of eight (8) weeks from the date of receipt of a copy of this order.

10. Accordingly, the Civil Revision petition is clisposed of No costs. Miscellaneous petitions, if an_v, pending in this Civil Revision Petition shall stand closed. //TRUE COPY// Sd/, K. BHAVANI SWAMY ASSISTANT REGISTRAR 6 SECTION OFFICER To,

1. The Sub-Divisional [\rlagistrate & Special Assistant Agent Mobile Court at Bhadrachalam.

2. One CC to Sri Srinivasa Rao lvladiraju, Advocate IOPUC] 3. One CC to Sri Mohd Subhan Pasha, Advocate [OPUC] 4. Two CD Copies to Government, /lfu HIGH COURT DATED:2610912025 ORDER CRP.No.1910 of 2025 utr ( tlj -a.- () \i 1 '( \ 0/0[Tzffi lJ'c i_) tt9.r, i.. ;r.. - .1 a: -...T..1 I .:.-:..-' DISPOSING OF THE CRP a / 1D t 4