THE HON’BLE SMT.JUSTICE P.SREE SUDHA CIVIL MISCELLANEOUS APPEAL No.199 of 2024

JUDGMENT:

This appeal is filed against the orders dated 19.02.2024 passed in I.A.No.94 of 2024 in O.S.No.19 of 2024 on the file of Principal Senior Civil Judge, Ranga Reddy District at Ibrahimpatnam.

2. Heard learned counsel for the petitioner/plaintiff.

3. It is mainly contended by learned counsel for the petitioner that the Trial Court has not disposed of I.A within the specified time as contemplated under Order 39 Rule (3) (a) (b) CPC provision. It was further contended by learned counsel for the petitioner that respondent No.2/defendant No.2 filed counter but not pointed out any reason for not disposing the I.A within stipulated time and extended the interim order on 28.03.2024. Therefore, learned counsel for the petitioner requested this Court to set aside the order of the trial Court and remand the matter to the trial Court with a direction to dispose of the I.A on merits.

4. It was further stated that O.S.No.19 of 2024 was filed by Sri Habeeb Mohsin/plaintiff against the defendant Nos.1 to 4 for permanent injunction in which he asked the Court to restrain the defendants from interfering with the possession and enjoyment of the plaint schedule property and he relied upon unregistered agreement of sale dated 14.02.2005 but no sale deed was executed.

5. Subsequently, along with the suit I.A.No.94 of 2024 is also filed for ad-interim injunction and accordingly an order was passed on 19.02.2024 as follows:

“Upon considering the averments of the petitioner, coupled with the documents filed there found prima facie case and balance of convenience in favour of the petitioner and this Court is inclined to grant ad-interim injunction against the respondents as prayed by the petitioner in respect of the petition schedule property till 01.03.2024 Issue urgent notices to respondent through Court and RPAD on payment of process.

Personal notice is permitted. Call on

01.03.2024”.

6. Subsequently, a counter was filed by respondent No.2/defendant No.2 on 04.03.2024 and mainly contended that in spite of disposing of the I.A on merits by hearing both sides, the Trial Court extended the interim orders and passed the following docket order on 28.03.2024 as follows:

“List of documents filed in IA under Section 65-B IEA of filed and for arguments at req by petitioner counsel and respondent counsel reported ready and the respondents counsel opposed/objected for grant of adjournment of 15 days. Hence as documents furnished today and Section 65-B IA furnished today, considering submission of both sides and 04.04.2024, Interim Order extended till 04.04.2024. After date given counsel for petitioner asked for 08.04.2024 and considering the ground of counsel engaged in other cases, Hence call on 08.04.2024. Interim order extended till

08.04.2024 on petition filed”.

7. In the order dated 19.02.2024 when the trial Court found that there was prima facie case, no reasons are assigned and it was not a speaking order. The documents filed by the plaintiff are not considered in the order and it was cryptic. Of course ad-interim injunction was granted till 01.03.2024 and notice was ordered under Order 39 Rule (3)(a)(b) CPC provisions.

8. Accordingly, after service of notice when the defendant no.2 herein filed the counter it is for the Court to hear both sides and to dispose of the I.A on merits but in spite of filing of the counter on 04.03.2024, the interim order was simply extended in spite of objection by petitioner counsel without any reason or basis. Therefore, this Court finds that the order of the Trial Court is patently erroneous and liable to be set aside.

9. In the result, this civil miscellaneous appeal is allowed by setting aside the order of the trial Court dated 28.03.2024 passed in I.A.No.94 of 2024 in O.S.No.19 of 2024 on the file of Principal Senior Civil Judge, Ranga Reddy District at Ibrahimpatnam and the Trial Court is directed to dispose of the I.A.No.94 of 2024 within 20