HON’BLE SRI JUSTICE J. SREENIVAS RAO

CIVIL REVISION PETITION No.1910 OF 2025

ORDER

This Civil Revision Petition has been filed aggrieved by

the order dated 22.04.2025 on the file of Sub-Divisonal Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam (‘Mobile Court’ for brevity) in I.A.No.517 of 2020 in O.S.No.495 of 2020 wherein the injunction application filed by the petitioner was dismissed and the interim injunction order dated 20.11.2020 was

vacated.

2. Heard Sri K.Sai Pranav, learned counsel, representing Sri Srinivasa Rao Madiraju, learned counsel for the petitioner and Sri A.Dheeraj, learned counsel, representing Mohd

Subhan Pasha, learned counsel for respondents.

3. Petitioner is the plaintiff and respondents are defendants

in the suit.

4. The facts giving rise to filing of this Civil Revision Petition

briefly stated as follows:

4.1. The petitioner filed Suit in O.S.No.495 of 2020 for grant of perpetual injunction restraining the respondents from interfering with the suit schedule property. Along with the said suit, the petitioner has filed I.A.No.517 of 2020 seeking ad interim injunction. Learned Mobile Court has granted ad interim injunction on 20.11.2020. In the above said suit the respondents were made ex-parte on 06.12.2022 and the suit was posted for arguments. At that stage, the respondents/defendants have filed application namely I.A.No.91 of 2024 seeking to set aside the ex-parte order dated 06.12.2022 and to give opportunity to them to file written statement and contest the suit and the said application was allowed on 22.04.2025. On the very same day, learned Mobile Court has dismissed the application namely I.A.No.517 of 2020 and vacated the injunction order granted earlier in favor of the petitioner on 20.11.2020. Hence, the present civil revision petition.

5. Learned counsel for the petitioner vehemently contended that learned Mobile Court while allowing the application I.A.No.91 of 2024 has set aside the ex-parte order dated

06.12.2022 and permitted the respondents to contest the suit. On the very same date, learned Mobile Court has dismissed the I.A.No.517 of 2020 and vacated the interim injunction order which was granted on 20.11.2020 without giving opportunity much less the reasonable opportunity to the petitioner and passed the impugned order which is gross violation of principles of natural justice.

6. Per contra, learned counsel appearing on behalf of respondents submits that learned Mobile Court dismissed the application and vacated the ex-parte injunction order granted in favour of the petitioner by giving cogent reasons and there are no grounds to interfere with the impugned order passed by the learned Mobile Court.

7. This Court considered the rival submissions made by respective parties and perused the material available on record. It is not in dispute that the plaintiff filed suit in O.S.No.495 of 2020 against respondents/defendants for grant of perpetual injunction on 11.11.2020 along with I.A.No.517 of 2020 for grant of ad interim injunction. Learned Mobile Court has granted ad interim injunction on 20.11.2020. Subsequently, the respondents/defendants were made ex- parte on 06.12.2022 on the ground of non-filing of written statement and the suit was posted for orders. At that juncture, respondents filed application namely I.A.No.91 of 2024 seeking to set aside the ex-parte order dated 06.12.2022 and permit them to contest the suit as well as I.A.No.517 of

2020 on merits.

8. The record further discloses that learned Mobile Court allowed the I.A.No.91 of 2024 on 22.04.2025 and on the very same day dismissed the injunction application namely I.A.No.517 of 2020 and vacated the ad interim injunction order dated 20.11.2020 especially when the same was subsisted for more than four years without giving any cogent reasons and opportunity of being heard and the same is gross violation of principles of natural justice and the same is liable to be set aside and accordingly set aside.

9. Tak