HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.393 of 2024

ORDER:

The present revision is filed aggrieved by the order dated 30.08.2023 passed in I.A.No.195 of 2023 in O.S.No.209 of 2023 on the file of the Sub-Divisional Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam.

2. Heard Sri Paidipalli Chaithanya, learned counsel for the petitioner and Sri P.Rama Sharana Sharma, learned counsel for the respondent.

3. The petitioner herein is the defendant and the respondent herein is the plaintiff before the trial Court. For Convenience, the parties are hereinafter referred to as they were arrayed in the suit.

4. Brief facts of the case, shorn off unnecessary details are that the respondent/ plaintiff filed a suit vide O.S.No.209 of 2023 for declaration of title and perpetual injunction against the petitioner/ defendant in respect of the suit schedule property. The respondent/ plaintiff has also filed an application in I.A.No.195 of 2023 seeking for ad-interim injunction and the trial Court vide order dated 14.08.2023 granted interim order and the same was made absolute on 30.08.2023. Aggrieved by the order dated 30.08.2023, the present revision is filed by the petitioner/ defendant.

5. Learned counsel for the defendant/petitioner would submit that the impugned order dated 30.08.2023, is an ex- parte order and the trial Court, without considering the issues and merits of the case had allowed the application in the absence of the defendant/petitioner. He would further submit that the defendant has filed an application to set aside the ex-parte order dated 30.08.2023 and the same is pending. Learned counsel for the petitioner would submit that the trail Court without giving any opportunity to the defendant/petitioner to contest the matter on merits, allowed the said I.A.No.195 of 2023. Therefore, prayed to set the impugned order and the trail Court may be directed to dispose the application filed to set aside ex-parte order and therefore decide I.A.No.195 of 2023 on merits, by duly affording an opportunity of hearing to both the parties.

6. Learned counsel for the plaintiff/respondent fairly submitted that the matter can be remanded back to the Agent to the Government in view of the application filed by the defendant/petitioner questioning the ex-parte order and further a direction may be given to the Agent to the Government to decide the matter on merits.

7. Considering the submissions made by both counsel, the Civil Revision Petition is disposed of and the impugned order, dated 30.08.2023 is set aside. The matter is remanded back to the Agent to the Government with a direction to decide the application filed by the petitioner to set aside ex-parte order and thereafter, adjudicate I.A.No.195 of 2023 in O.S.No.209 of 2023, by affording an opportunity of hearing to both the parties and decide the matter on the merits. Till such time, both the parties are directed to maintain status-quo as on today. No costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

___________________________________ LAXMI NARAYANA ALISHETTY, J Date:23.04.2025 EDS