The Hon’ble Sri Justice J.Sreenivas Rao

Civil Revision Petition No.2320 of 2025

Order

:

This Civil Revision Petition is filed invoking the

provisions under Article 227 of the Constitution of India aggrieved by the order dated 25.06.2025 passed by the learned I Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Sangareddy in I.A.No.536 of 2025 in

O.S.No.501 of 2025.

2. Heard Mr.T.Bala Mohan Reddy, learned counsel for the

petitioners.

3. Learned counsel for the petitioners submitted that the petitioners/plaintiffs have filed suit in O.S.No.501 of 2025 before the I Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Sangareddy, seeking for partition of the suit schedule properties A to G and for allotment of their respective shares. Along with the suit, the

petitioners have filed I.A.No.536 of 2025 for grant of ad interim injunction restraining respondent Nos.1, 2, 4, 5, 7 and 8 from alienating, gifting, mortgaging, developing or creating any kind of charge in respect of suit schedule properties – A to G till the disposal of the main suit.

4. He further submitted that the Court below ought to have granted ad interim injunction in favour of the petitioners, however, issued urgent notice, which is contrary to law. In support of his contention, he relied upon the interim order dated 29.04.2022 passed by this Court in C.R.P.Nos.1045 and

1062 of 2022.

5. Having considered the submissions made by the learned counsel for the petitioners and after perusal of the material available on record, it reveals that the petitioners have filed suit in O.S.No.501 of 2025 before the I Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Sangareddy, seeking for partition of the suit schedule properties A to G and for allotment of their respective shares. Along with the suit, the petitioners have filed I.A.No.536 of 2025 invoking the provisions of Order XXXIX Rules 1 and 2 r/w Section 151 of C.P.C. for grant of ad interim injunction restraining respondent Nos.1, 2, 4, 5, 7 and 8 from alienating, gifting, mortgaging, developing or creating any kind of charge in respect of suit schedule properties – A to G till the disposal of the main suit. The record further reveals that the Court below issued urgent notice to the respondents on 25.06.2025 and posted to 16.07.2025.

6. During the course of hearing, learned counsel for the petitioners submitted that notice in favour of respondents was not served and the suit was posted to 03.09.2025. The Court below issued urgent notice. However, the petitioners are entitled to make an application before the Court below seeking for advancement of I.A.No.536 of 2025. Hence, this Court is of the considered view that the Civil Revision Petition filed by the petitioners under Article 227 of the Constitution of India is not maintainable, especially, when the Court below issued urgent notice to the respondents.

7. Accordingly, the Civil Revision Petition is dismissed. However, the petitioners are granted liberty to file appropriate application before the Court below seeking for advancement of I.A.No.536 of 2025 and on such application, the Court below is directed to decide the matter as expeditiously as possible.

There shall be no order as to costs.

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

___________________ J.SREENIVAS RAO, J Date: 18.07.2025 pgp Note: Issue C.C. in a week.

B/o pgp