THE HON’BLE SRI JUSTICE T. VINOD KUMAR CIVIL REVISION PETITION No.3590 of 2024

ORDER

This Civil Revision Petition is filed under Article 227 of the Constitution of India seeking a direction to the III Additional Junior Civil Judge-cum-III Additional Judicial Magistrate of First Class, Hanumakonda, to dispose of IA.No.403 of 2022 in O.S.No.4034 of 2022 pending on its file.

2. Heard learned counsel for petitioner, and perused the record.

3. Petitioner herein is the plaintiff in the above suit filed for partition and separate possession and to declare the registered documents as null and void.

4. Petitioner contends that along with the suit, he had also filed an interlocutory application vide I.A.No.403 of 2022 under Order XXXIX Rules 1 & 2 CPC seeking ad-interim injunction pending disposal of the suit.

5. Petitioner further contends that despite the respondents/ defendants entering appearance in the suit and filing written statements, the trial Court has not taken up the said IA for adjudication till date; and thus seeks for a direction to the trial Court for early disposal of the aforesaid IA.

6. I have taken note of the submissions made.

7. It is to be noted that the interlocutory applications of the nature under Order XXXIX Rule 1 & 2 of CPC are filed seeking reliefs pending adjudication of main suit and are required to be adjudicated as expeditiously as possible.

8. Though the petitioner had contended that despite the petitioner taking all efforts for getting the aforesaid interlocutory application disposed of, the Presiding Officer of the said Court did not take up the matter on one ground or the other, it is to be noted that no material is placed to show to this Court of the petitioner taking steps either by filing an advancement petition or reporting ready for hearing of the interlocutory application.

9. In the case on hand, though the petitioner had filed IA.No.403 of 2022 seeking ad-interim injunction along with the main suit in August, 2022, and the defendants also having entered appearance in the aforesaid suit, the trial Court ought to have adjudicated the interlocutory application.

10. However, as noted hereinabove, since the interlocutory applications are required to be adjudicated expeditiously, this Court is of the view that the III Additional Junior Civil Judge- cum-III Additional Judicial Magistrate of First Class, Hanumakonda, is to be directed to dispose of IA.No.403 of 2022 in OS.No.4034 of 2022 pending on its file, in a time bound manner.

11. Accordingly, the III Additional Junior Civil Judge-cum-III Additional Judicial Magistrate of First Class, Hanumakonda, is directed to dispose of IA.No.403 of 2022 in OS.No.4034 of 2022 within a period of four (08) weeks from the date of receipt of a copy of this order.

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

13. Consequently, miscellaneous petitions pending if any shall stand closed. ___________________ T. VINOD KUMAR, J

14^th November, 2024.

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