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1993 Supreme(AP) 493

B.SUBHASHAN REDDY
B. Prakash Chand Saxena – Appellant
Versus
Hyderabad Metropolitan Water Supply – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS Revision Petition is not at all maintainable as there is no order passed by the Court-below so as to be assailed under Section 115 of C. P. C. There is no decision or order rendered by the lower Court so as to invoke the revisional jurisdiction under Section 115 of C. P. C. The complaint is that even though the lower Court has heard the Counsel at length perused the affidavit filed in support of the LA. as also the documents 1 to 53 in support of the claim for temporary injunction, the lower Court did not make any interim order as contemplated under Order 39 Rules 1 and 2 read with Rule 3 thereof and mat thereby committed material irregularity in exercise of the jurisdiction vested in it by law. The contention is that the lower Court having power to pass the interim order was bound to pass the said interim order having regard to the material on record and that non-passing of the said ex-parte interim order amounts to failure to exercise the jurisdiction vasted in it by law. The further complaint is that the lower Court has ordered urgent notice to the respondents and no reasons are stated for doing so.

( 2 ) THE contentions raised on behalf of the


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