THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

CIVIL REVISION PETITION No.4031 of 2025

ORDER:

This civil revision petition has been filed by the

petitioner/defendant invoking the provisions under Article 227 of the Constitution of India, aggrieved by the order passed by the learned Sub-Divisional Magistrate & Special Assistant Agent to Government, Mobile Court at Bhadrachalam, (for short, ‘Sub-Divisional Magistrate’)

in I.A.No.35 of 2025 in O.S.No.43 of 2025, dated 28.10.2025.

2. Heard Mr. N. Srinivas Reddy, learned counsel representing Ms. Nanduri Yasaswini, learned counsel for the petitioner, and Mr. V. Yadu Krishna Sainath, learned counsel for the

respondent/plaintiff.

3. Learned counsel for the petitioner submitted that this Court in earlier round of litigation, while disposing of C.R.P.No.3103 of 2025 on 19.09.2025, directed the Sub-Divisional Magistrate to dispose of I.A.No.35 of 2025 after giving opportunity to both parties, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of the order. Contrary to the above said direction, the learned Sub-Divisional Magistrate granted temporary injunction in I.A.No.35 of 2025 on 28.10.2025. Hence, the

liable to be set aside.

4. Learned counsel for the respondent fairly submitted that the order passed by this Court in C.R.P.No.3103 of 2025 was not brought to the notice of the learned Sub-Divisional Magistrate. Due to the same, learned Sub-Divisional Magistrate had passed the impugned order and posted I.A.No.35 of 2025 for hearing on 25.11.2025.

5. Learned Government Pleader (Appeals), after receiving the instructions from the learned Sub-Divisional Magistrate, submitted that inadvertently he passed the impugned order dated 28.10.2025 on the ground that the order passed by this Court in C.R.P.No.3103 of 2025 was not placed before him and he will follow the directions issued by this court in C.R.P.No.3103 of 2025 dated 19.09.2025.

6. Having considered the rival submissions made by the respective parties and after perusal of the record, it reveals that this Court, in C.R.P.No.3103 of 2025, dated 19.09.2025, specifically directed the learned Sub-Divisional Magistrate to dispose of I.A.No.35 of 2025 after giving opportunity to both parties by fixing time limit within a period of four weeks. Learned Sub-Divisional Magistrate, without deciding the said application, passed the temporary injunction till 25.11.2025 and the said order is contrary to the orders passed by this Court and the same is liable to be set aside.

Magistrate in I.A.No.35 of 2025 in O.S.No.43 of 2025, dated directed to comply with the orders passed by this Court dated

19.09.2025 in C.R.P.No.3103 of 2025.

8. With the above said direction, the civil revision petition is disposed of. No order as to costs.

Miscellaneous applications, pending if any, shall stand closed.

______________________ J. SREENIVAS RAO, J Date: 21.11.2025 Note:

Issue C.C. in a week.

(b/o) mar