SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Tel) 28192

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA
Korna Pochaiah – Appellant
Versus
Thota Guulla Lingaiah – Respondent
CRP 4065/2025



THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA

CIVIL REVISION PETITION No.4065 of 2025

ORDER :

Heard Ms.Gundlapalli V S S S Sruthi, learned counsel for the

petitioner / plaintiff.

2. The present revision petition has been filed by the petitioner / plaintiff under Article 227 of the Constitution of India seeking for an appropriate direction to the learned Junior Civil Judge, at Yellareddy, seized of O.S.No.61 of 2022 for taking up I.A.No.152 of 2022 and to

decide the same as expeditiously as possible.

3. The petitioner / plaintiff have filed a suit for perpetual injunction against the respondent / defendants. Along with the suit, he has also filed an interlocutory application vide I.A.No.152 of 2022 seeking a temporary ad interim injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the suit schedule property till the disposal of the main suit. It is submitted that a temporary ad interim injunction is granted on 18.10.2022 in favour of the petitioner / plaintiff till 24.11.2022 and the same was not extended and the said I.A. is still pending and the subsequent

proceedings has not been placed before this Court to show that whether the same is extended or not.

4. Coming to the suit, the suit is coming up for plaintiff evidence. It appears that there are I.As. that are pending and which is reflected in the case status information placed before this Court.

5. The main grievance of the petitioner / plaintiff before this Court is that the learned trial court has kept the said I.A. pending without disposing the same, though there was a counter filed by the respondents / defendants and therefore prayed for an expedite disposal of the said I.A.

6. Perusal of record shows that the said ad interim injunction granted by the trial court neither extended nor it is disposed of.

7. It is pertinent to mention here that as per Order XXXIX Rule 3A of Code of Civil Procedure which says as below:

Order XXXIX 3A. Court to dispose of application for injunction within thirty days.— Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.

8. Considering the above provision of law, though there is an interim injunction is granted, the learned trial court did not take any steps for disposing the same and proceeding with the suit. The law provides that an application under Order XXXIX Rule 1 & 2 of C.P.C. shall be disposed of within thirty days or else the trial court shall record the reasons for not disposing the same.

9. Considering the same, it would be appropriate to direct the trial court to dispose of the said I.A., and simultaneously proceed with the trial as expeditiously as possible, by giving opportunity to both the parties.

10. With the aforesaid direction, this civil revision petition is disposed of. No order as to costs.

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

______________________________ NARSING RAO NANDIKONDA, J Date: 14.11.2025 aqs THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL REVISION PETITION No.4065 of 2025

14.11.2025 AQS

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top