The High Court · 2025

...Petitioner/Defendant AND Gudavarti Satyanarayana, S/o. Pitchaiah, Age 61 years, Occ - Agriculture, GoMhamnagir Colohy,Aswapuram Mandal, Bhadradri Kothagudem Dist ...RespondenUPlaintiff lA NO: 1 OF 2024 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 pleased to suspend the operation of the orders passed by sub Divisional Magistrate special Assistant Agent to Government (Mobile court)At Bhadrachalam 1.A.No.37612022 in O.S.No.381/22 dt.2911112022 pending disposal of the above C.R.P Counsel for the Petitioner : Sri. P V Ramana Counsel forthe Respondent: Sri Sandeep Kumar Bodla CIVIL REVISION PETITION N O: 4093 OF 2024 civil revision fired under Articre 227 of the constitution c,f rndia, aggrieved by the order dated '18.'10 2023 passed in rA No. 31g of 2023 in o.{i No. 340 of 2o2J on the file of the court of the Sub- Divisional Magistrate and specrai Assistant Agent to Government, Mobile Court at Bhadrachalam Between: Gudavarthi Satyanarayana s/o.pichaiah, Aged about 5g ye,rrs, occ. Agricurture, R/o. Midrown Apartmeits 3rd Ftoor, strebt No. t,-L_ii"n il";y"6;;;in ,il;r.. Hyderabad. AND ...petitioner/s Gudavarthi Janaradhan Rao, s/o pichaiah, Aged about 65 years, occ. Retired emplovee, Presenflv R/o.H No..7-2-1792, Sun"rise Apartment:;, 4ti-r rtoor, c_zEn *' Cotonv, Sanath Naoar Hyderabad p"rn,;neni RioAs;;p;;;; ;ii;g;;# Mand;t Bhadradri (othagudem District. - - ... RespondenUS lA NO: 'l OF 2024 Petition under Section 'r5 r cpc praying that in the circumstances stated in the affidavit fired in support of the pe^tition, ine-Higtr court may u. pr"r.uJio slry the impugned orderdated 18.102023 passed in tI No. sta of 21023 in o.s No.340 ot 2023 on the fire of the Sub- Drvisionar Magistrate and speciar a.ristrning;ni to Government, Mobire court at Bhadracharim pending dispor;at of this rJvision petition. Counsel for the Petitioner : Sri. Sandeep Kumhr Bodla Counsel for the Respondent : Sri p V Ramana CIVIL REVISIONPETITION NO : 3655 OF 2024 civil revision fired under Anide 227 of the constitufion of rndia, aggrieved by the order dated '10.'r0.2023 passed in r.A. No.376 of 2022 in r.A No. 296 of 2023 on the file of the court of the Sub- Divisionar Magistrate and specia Assistant Agent to Government, Mobile Court at Bhadrachalam. Between: Gudavartr Janardhana Rao, S/o. Gudavarti pitchaiah, Aoer 65 vears occ Retired Emptoyee. R/o Sunrise npartmenti, 3il floo;, CN;"# i;il;i X:,"rd No.3, Sanathnagar. Hyderabad ...petitioner/Defendant AND Gudavarti Satyanarayana, S/o. Pitchaiah, Age 6'l years, Occ .Agriculture, GoMhamnagar Colony, Aswapuram Mandal, Bhadradri Kothagudem Dist. ,.. RespondenVPlaintiff lA NO: 1 OF 2024 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 pleased to suspend the operation of the orders passed by the Sub Divisional Magistrate, And Special Assistant Agent to Government mobile court at Bhadrrachalam, in l.A No 296/2023 in 1.A.No.376122 in 0.S N0.381/2022 dt.10.102023 pending disposal of the above C.R.P, Counsel for the Petitioner : Sri. P V Ramana Counsel for the Respondent : Sri Sandeep Kumar Bodla The Court made the following: I I i HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Civil Revision Petition Nos.3646+4O93+3655 of 2o24 ORDER: These Civil Revision Petitions are l-rled unler Article 227 of Constitution of India aggrieved by the orclers passed 1n I.A.No.376 of 2022 in O.S.No.38 l of 2022, I.A.I'Io.318 of 2023 in O.S.No.34C) of 2023 and I.A.No.296 of 2023 in I.A.No.376 of 2022 in O.S.No.381 of 2022, pending on the file of Hon'ble Sub-Divisional Magistrate and Specia-l Assistant Agent to Government Mobile Court, Bhadrachalam.

2. Learnecl counsel for the petitioners and respondents submits that the issue in these Civil revision petitions are common 1n nalture The parties to these petitioos are brothers ald the subject matter of dispute pertains to an agriculture land i.e., part of Sy.No. 127 situated at Ame:dha Village of Aswapuram Mardal, Bhadradri Kothagudem District. Suits have been filed for injunctions by the F,etitioners and respondents in both the suits. The issue in ch,{lenge in these civil revision petitions is that the trial Court pa.ssed an order on the applications made by the petitioners therein restraining the respondents/ defendants in any way interfering in the petitioner's property and enjoyment over the petitioner schedule property. karned counsel for the petitioners ..-\ *.=,1 2 submits that in mattes where exparte injunction orders are passed, the Hon'ble Supreme Court in SHIV KUMAR CHADA V. MUNICIPAL CORPORATION OF DELIII & OTHERST has elaborately dealt with the proviso to Rule 3 of Order 39 of The Code of Civil Procedure and at paragraph No'36, relevant portion of the sarne is extracted hereunder for better understanding of case on hand: "36. Accordingly, we direct that the application for interim injunction should be considered and disposed of in the following manner: (i)The Court should frrst direct the ptaintill to serve a copy of the application with a copy of the plaint along with relevant documents on the counsel for the Corporation or any competent authority of the Corporation and the order should be passed only after hearing the parLies' (iillf the circumstances of a case so warrant and where the Court is of the opinion, that the object of granting the injunction would be defeated by delay, the Court should record reasons for its opinion as required by proviso to Rule 3 of order 39 of the Code, before passing an order for injunction. The Court must direct that such order shall operate only for a period of two weeks, during which notice along witJ: copy of the application, plaint and relevant documents should be served on tJre competent authority or the counsel for the Corporation. Affidavit of service of notice should be filed as provided by proviso to RuIe 3 of order 39 aforesaid If the Corporation has entered appe€rrance, any I (1993) 3 scc l6l a J such exparl c order of injunction should be extended only aJter hearing the colrnsel for the Corporation. (iii)While pi rssing an ex parte order of injunction the Court shall direct tl're plarr.rtiff to give an undertaking that he will not make any furthcr construction upon the premises till the application lor injunction is finally heard zrnd dispor;ed of."

3. Learned counsel for the petitioners an(l respondents submits that the present civil revision peti :ions may be disposed of clirecting the learned trial Court to follow the orders passed b1' the Hon'ble Apex Court in ,Shiu Kumor's Case (cited supra) and after putting all the parties on notice t \ ard after mzrr-king all the documents as per- the Circular instructions vide R.O.C.No.275OlOP CELI l2O2l dated 28.09 .2021 u I'rich has been issued for strict adherence to I follou, Rules 5 i and 60 of the Civil Rules ol Practice with regard to marl<ing of documents

4. Recording the submissions made on ei :her side, this Court deems it appropriate to direct the learne,l trial Court to pass appropriate orders following the decision of the Hon'ble Apex Court in Shiu Kuntar's Case (cited supro.) as well as Circular instructions of High Court date,l 28.09 .2021 Further, the impugned orders which are sul)ject matter of 4 these civil revision petitions are hereby set-aside and the Iearned trial Court is directed to decide afresh with regard to the schedule properties which are under challenge in the present civil revision petitions.

5. With the above directions these Civil Revision Petitions are disposed of with consent at the admission stage. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// SD/. MOHD. ISMAIL D PUTY REGISTRAR ECTION OFFICER \ To, 1

2. 3 4. DL/gh The Sub- Divisional Magistrate and Special Assistant Agent to Government' Mobile Court at Bhadrachal One CC to Sri. P V Ramana, Advocate IOPUCI One CC to Sri Sandeep Kumar Bodla, Advocate [OPUC] Two CD CoPies HIGH COURT DATED:03/02/2025 ORDER CRP.Nos.3646,4093 & 3655 of 2024 'l .i'- -i Br) ( /o- i(J 21 APi 20[ * cSiiii, i:-_-=----jl \ o 5 CRPs ARE DISPOSED OF i \