SRI G v. S. GANESH

Petition under section 1s1 cpc praying that in the circumstances stated in the afFidavit filed in support of the petition, the High court may be pleased to vacate the status quo order dated 26107t2024 in lA No. 2t2o24 in cRp No. 2310t2024 Counsel or the Petitioners :SRl KRISHNA KISHORE KOVVURI RESPONDENT COUNSEL IN VACATE PETITION Counsel forthe Respondents: SRI G. V. S. GANESH PETITIONER COUNSEL IN VACATE PETITION The Court made the fotlowing: ORDER 7 I IION'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITI ON No.231O of 2o24 ORDER: The present C.R.P. is filed aggrieved by the order dated 27.10.2023 in I.A.No.323 of 2O23 in O.S.No.344 of 2023, on the file of the Court of the Sub-Divisional Magistrate and Special Assistant Agent to the Government, Mobile Court at Bhadrachalam.

2. Heard Sri Krishna Kishore Kowuri, learned counsel for the petitioners and Sri G.V.S.Ganesh, learned counsel for the respondents.

3. The petitioners herein are the defendants and the respondents herein are the plaintiffs in the suit. For convenience, the parties are hereinafter referred to as they were arrayed in the suit.

4. Learned counsei for the petitioners would submit that the respondents herein have liied a suit uide O.S.No.344 of 2O23 against the petitioners herein for perpetual injunction on the file of the Sub-Divisional Magistrate and Special Assistant Agent to the Government, Mobile Court at 2 LNA, J C.R.P.No.2310 of 2024 Bhadrachalam along with an application seeking for ad- interim injunction uide I.A.No.323 of 2023 in O.S.No.344 of 2O23 and, the trial Court uide order dated 27.10.2023 granted ex-parte ad-interim injunction, without issuing notice to the petitioners. Learned counsel for the petitioners would further submit that without assigning any reason, the trial Court has granted injunction uide a cryptic order.

5. Learned counsel for the petitioners would submit that this Court in number of cases remanded the matter back to the Agent, when the order is bereft of reasons and non- speaking order, and failed to consider the facts and documents, placed on record.

6. Learned counsel for the respondents would strbmit that this Court uide order dated 26.07.2024 granted status-quo in all respects in terms of the order passed in I.A.No.323 of 2023 rn O.S.No.344 of 2023, dated 27.IO.2O23, till the counter affidavit is filed by the petitioners in interim application and the same is decided. l,earned counsel for the respondents would further submit that the suit Schedule property includes mango orchards that have 3 LNA, ,' C.R.P.No.2310 of 2024 ripened for harvest. In view of the interim order granted by this Court on 26.07.2024, they are unable to pluck mangoes and it may result in loss and damage.

7. Learned counsel for the respondents wouid further submit that the petitioners herein are interfering with the possession of the respondents and number of F.l.R's have been registered against the petitioners and in fact in one of the FIR registered against the petitioners they have admitted about the conviction uide judgment dated

10.03.2023 and fine was imposed on them. Learned counsel for the respondents would further submit that in view of the urgency in the matter, the interim orders granted on 26.07.2024 may be modified and the respondents may be permitted to harvest the mangoes, otherwise the mangoes will get spoiled and since mangoes being seasonal crop, the respondents may loose the crop. Learned counsel for the respondents has also filed LA.No.2 of 2025 seeking direction to S.H.O., Ahwaraopet for police protection. 4 LNA, J C.R.P.Nt).2310 of 2024 B. On the other hand, learned counsel lbr the petitioners would submit that the disputed question of facts has to be decided and the petitioners ilre tn possession o[ the suit schedule property sirrce forty years. Therefore, the matter may be remitted back to the agent to the Government for expeditious disposal, instead of entertaining the application uide I.A.No.2 of 2025 hled by the respon<k:nts.

9. Learned counsel for the respondents did not oppose the submissions made bv the learned counsel for the petitioners rvith regard to remand of the matter to the agent to the Government for early disposal of the matter

10. Consirlerir-rg the submissions made by both sides, this Court is of the view that the matter desen es to be remanded back to the Agent to the Government for expeditious disposal. Since learned counSel for the respondents expressed urgency in the matter as mangoes are ripened for harvesting, the Agent to the Government is directed to hear both parties and decide the application I I.A.No.3 of 2023, by duly taking into consideration the 5 TNA, ,, C.R.P.No.2310 of 2024 application as well as the counter-affidavit filed by the petitioners herein and the material filed, if any, placed on record by both parties by duly affording an opportunity of hearing within a period of two (02) weeks from the date of receipt of a copy of this order. Till disposal of the LA.No.323 of 2023 in O.S.No.344 of 2023, both the parties are directed to maintain status-quo. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. Sd/.SD/. V.KAVITHA DEPUTY REGISTRAR / //TRUE COPY// S N OFFICER To,

1. The Sub Divisional Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam

2. One CC to SRI KRISHNA KISHORE KOWURI, Advocate [OPUC] 3. One CC to SRI G. V. S. GANESH, Advocate [OPUC] 4. Two CD Copies AR M- fATE g F i r.s ) $\\ $6 o : \1 cl fl HIGH COURT DATED:25/04120',?5 ORDER CRP.No.2310 of 2024 DISPOSING OF THE C.R.P WITHOUT COSTS. 1 \.L (,