ORDER:

Defendants in suit filed the above revision under Article

227 of the Constitution of India seeking expeditious disposal of I.A.No.340 of 2021 in O.S.No.118 of 2021 on the file of the Principal Junior Civil Judge, Piler.

2. Respondent, being the plaintiff filed O.S.No.118 of 2021 (O.S.No.37 of 2021 before Vacation Judge, Chittoor), seeking perpetual injunction against the defendants. Plaintiff also filed I.A.No.340 of 2021 under Order XXXIX Rules 1 and 2 and Section 151 of CPC for grant of ad-interim injunction.

3. Trial Court by order dated 03.06.2021 granted ad-interim injunction and adjourned the matter to 02.07.2021. Trial Court also directed the plaintiff to comply with Order XXXIX Rule 3 of CPC. The grievance of the petitioners/defendants is that notwithstanding filing of the counter, the trial Court did not dispose of I.A.No.340 of 2021 as contemplated under Order XXXIX Rule 3(A) of CPC.

4. In the affidavit filed in support of the revision petition, it was averred that the interlocutory application is being adjourned from time to time without disposing of the same. Learned counsel for the petitioners asserted that the said interlocutory application stands posted to 22.07.2022.

5. As per Order XXXIX Rule 3(A) of CPC, whenever ad- interim injunction has been granted without notice to opposite party, the Court shall dispose of application within 30 days from the date of injunction and the Court cannot bypass such rule which mandates, the Court has to record reasons for such inability.

6. In the case on hand, ad-interim injunction was granted on 03.06.2021 and counter was filed by the respondents on

25.02.2022.

7. Delay in disposal of the matter is a serious concern and expeditious disposal of cases is a fundamental right guaranteed under Article 21 of the Constitution of India. When the Court below failed to perform its obligation, this Court while exercising power under Article 227 of the Constitution of India can issue such direction to dispose of such application as expeditiously as possible.

8. Considering the facts and circumstances of the case, the trial Court shall dispose of I.A.No.340 of 2021 as expeditiously as possible, keeping in view the mandate under Order XXXIX Rule 3(A) of CPC.

9. With the above direction, this Civil Revision Petition is disposed of. No order as to costs.

As a sequel, all the pending miscellaneous applications shall stand closed.

_________________________ SUBBA REDDY SATTI, J Date : 19.01.2023 KA

173 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION No.56 of 2023 Date :19.01.2023 KA