The High Court · 2025

..RespondenUDefendant IANO: 1 OF 2025 PetitionunderSectionl5lofCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petiiion, the High Court may be pleased to ;;t"nd the Temporary lnjunction restraining the RespondenVdefendant ;;;;a "; irom interfering with the ,".p""t of petition schedule property i' e' ' AC. sheet ,*i"J nor." b,-earing H. No. i- 2- 1l2E with appurtenant site to an extent of 1o48. sq ia" in Sy. No. 1713, Plot No. 6 and T formed in a single compact block situated at Vidyanagar Colony, G' P' Chunchupally Man!1t' Bhadradri x-"tn"gro". District b5udeduy eAst:etot tto. ! ani house site of Poorna; West: n-"nJg Road; North: Plot No- 5 of Dr' Shankar Naik; South: Kaluva' pending disposal of the above CRP. lA NO: 2 OF 2021 BETWEEN: Maddela Govardhan, S/o. Ramulu, aged 56 years, Occ Busriness, R/o. H. No' '1- 2, Babu Camp, Chunchupally Mandal, Bhadradri Kothag rdem District. ... Petitioner/RespondenUDefendant AND Smt. Pallakonda Aruna, W/o. Srinivas, aged 36 years, Occ: Housewife, Rl/o. H. No. 1- 35, Deshara.jupally Village, Kamalapur Mandal, Krlrimnagar District ... Responde nUPetitioner/Plaintiff Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to Vacate the interim order dated 29.08.2025 passed in l.A. No l of 2025 in C.R.P No- 3103 of 2025 and to dismiss the above CRP, with exemplary costs. Counsel for the Petitioner :SRl V YADU KRISHNA SAINATI{ Counsel for the Respondent : MRS. M KATYAYANI The Court made the following: ORDER THE TION'BLE SRI JUSTTCE J, SR.EENTVAS RAO CTVIL REVISION PETITION No.31O3 OF 2025 ORDER: This Civil Revision Petition is filed invoking the provisions of Article 227 of Constitution of Indla.

2. Heard Sri V.Yadu Krishna Sainath, learned counsel for the petitioner and Mrs. M. Katyayani, learned counsel appearing on behaif of respondent.

3. tearned counsel for the petitioner submits that petitioner frled Suit O.S.No.43 of 2025 on the frle of Sub- Divisional Magistrate and Special Assistant Agent to Government, Mobile Court, Bhadrachalam ('Sub Divisional Magistrate' for brevity) for grant of perpetual injunction restraining the respondent-defendant from interfering with the suit schedule property, along with the said suit, the petitioner has filed application I.A.No.3S of 2025 for grant of temporar5r injunction. In the said application, learned Sub-Divisional Ivlagistrate granted temporar5r injunction on 08.07.2025 till

19.08.2025. Even before expiry of the above said ad-interim injunction, the petitioner hled application on 18.08.2025 2 JSR, J C.R.P.No.3I03 OF 2025 seeking extension of the above said order. However no presiding officer or in-charge ofiicer was posted, due to which injunction granted in favour of the petitione- on 08.07.2025, could not be extended and in the above sairl circumstances, the petirioner approached this Court and fited present Civil Revision Petition invoking the jurisdiction of this Court under Article 227 of Constitution of India. This Court on

29.O8.2Ct25, while ordering Notice before arlmission, taking into conr;ideration the facts ald circumstances of the case ald also the submissions made by the learrLed counsel for petitioner granted interim injunction -estraining the respondent/ defendant from interfering wir.h the petition schedule property tlll 19.O9.2025.

4. Smt. M. Katyayani, learned counsel appearing on behalf of respondent submits that during the pendency of this Civil Revision petition, Sub-Collector, Bhadracha_Iajal was given full additionai charge as Sub-Divisional Magistr:rte and Special Assistant Agent to Government, Mobile Court, Bhadracha_tam and the petitioner is entitled to approach the said Court seeking €:xtension of the injunction order wh:ch u,as granted 3 JSR, J C.R.P.No.3 r03 OF 2025 on 08.07.2025. Respondent has already filed counter along with documents in I.A.No.35 of 2025 seeking vacation of the said order. She further submits that under the guise of ex- parte irlttnction order, the petitioner is proceeding with the construction in the petition schedule property and she is not entitled for extension of the interim injunction order. Hence, the present revision petition liled by the petitioner is liable to be dismissed.

5. l,earned counsel for the petitioner by way of reply submitted that Court below may be directed to dispose of I.A.No.35 of 2025, by frxing time limit and till such time the interim injunction granted in favour of the petitioner may be extended.

6. Having considered the rival submissions made by respective parties, this Court without expressing any vlew on the merits of the case, on the ground that I.A.No.3S of 2025 filed by the petitioner is pending before the Sub-Divisional Magistrate, and Sub-Collector, Bhadrachalam was given full t additional charge of Sub-Divisional Magistrate and Special Assistant Agent to Government, Mobile Court, Bhadrachalam' .\ 4 JSR, J C.R P.No.3l03 OF 2025 a1 7 . Taking into consideration, the pecrrliar facts and circumstance of the case arld to render substantial justice to the parties, learned Sub-Collector, Bhadrachalam, is directed to dispose of the application namely I.A.No..lS of 2O2S adter giving opportunity to both the parties as expeditiously as possible preferably within a period of four(4) weeks from the date of receipt of a copy of this order arrd the parties are directed to cooperate with the Court below for disposal of the applicati,:n without seeking undue adjournrrrents. Till such time interim injunction order dated OB.OT.2O2S in I.A.No.35 of 2025 granted earlier shall stands extended. B. With the above directions, the Civil Rer.ision petition is disposed of accordingly. No costs. Miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed. SD/. C DEEPIKA, SISTANT REGISTRAR. //TRUE COPYII I \ SECTION OFFICER To, Mobile Court at Bhadrachalam. 1' Tte sub-Divisionar Magistrate and Speciar Assistant F,gent to Government, 2. One CC to SRt V YADU.KR|SHNA SAINATH, Advocate tOpUCl 3. One CC to SRI M M M SR|N|VASA RAO, Advocate tOFUCI 4. Two CD Cooies e AD a'l I HIGH COURT DATED:1 910912025 .:.-,, .j i l\' I ,c+l 1 $r1 ')- \ '- .t ., ORDER CRP.No.3103 of 2025 s'.. i.' :x- o L) DISPOSING OF THE CRP WITHOUT COSTS 6l