THE HONOURABLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION No.2983 of 2025

ORAL ORDER:

This Civil Revision Petition is filed under Article 227 of Constitution of India in failing to dispose of the pending I.A.No.65 of 2025 in O.S.No.16 of 2025 on the file of the Junior Civil Judge, Khanapur, Nirmal District, contrary to the mandatory provision under Order 39 Rules 2 and 3 of CPC and indiscriminately adjourning the case without disposing the Ad-Interim Injunction Application.

2. Heard Sri C. Hari Preeth, learned counsel appearing on behalf of the petitioner.

3. Learned counsel for the petitioner submitted that the trial Court had erred in granting an ex-parte ad-interim injunction against the petitioner on 04.03.2025, and despite the petitioner having filed a counter, failed to dispose of the same in violation of the mandatory provisions under Order 39 Rules 2 and 3 of the CPC. He further submitted that the petitioner is the true owner of the property in question and had already filed O.S.No.26 of 2024 for partition before the same Court, in which the respondent is a party. He contended that the respondent/plaintiff, by suppressing the pendency of the said partition suit, had obtai