THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO CIVIL REVISION PETITION No.2796 of 2024

ORDER:

This Civil Revision Petition is filed by the petitioner/plaintiff to direct the trail Court to dispose of I.A.No.142 of 2023 in O.S.No.50 of 2023 pending on the file of the Junior Civil Judge at Bhainsa, as expeditiously as possible preferably within a period of one month.

2. Heard learned counsel for the petitioner.

3. Learned counsel for the petitioner submitted that O.S.No.50 of 2023 is filed for perpetual injunction along with I.A.No.142 of 2023 seeking ex-parte injunction before the Junior Civil Judge at Bhainsa. On 12.07.2023, temporary injunction was granted by the trail Court in favour of the petitioner herein.

4. Learned counsel for the petitioner further submitted that the trial Court simply postponing the matter for filing written statement by the respondents herein and lastly the matter was adjourned from

08.07.2024 to 22.10.2024 for filing written statement.

5. Learned counsel for the petitioner further submitted that the respondents have to file written statement, as per Order VIII Rule 1 of the Code of Civil Procedure, 1908 which reads as follows:

“the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence; provided that where the defendant fails to file the written statement within said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than Ninety days from the date of service of summons”.

6. Learned counsel for the petitioner further submitted that summonses were served on the respondents on 10.08.2023 and the respondents have not filed written statement so far. Therefore, as per above said provision the time for filing written statement by the respondents has lapsed long back.

7. This Court, considering the submissions made by the learned counsel for the petitioner and the above facts and circumstance of the case, this Court deems it appropriate to direct the Court of the Junior Civil Judge at Bhainsa to dispose of I.A.No.142 of 2023 in O.S.No.50 of

2023 within a period of four (04) weeks from the date of receipt of copy of this order.

8. Accordingly, the Civil Revision Petition is allowed.

No costs.

Miscellaneous applications, if any pending, shall also stand closed.

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NAMAVARAPU RAJESHWAR RAO, J Date:06.09.2024 GV