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2026 Supreme(Online)(Tel) 23581
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi, J
Thumma Praveen Kumar – Appellant
Versus
Smt. Thumma Francisamma @ Thumma Pranbinamma – Respondent
CIVIL REVISION PETITION No.1853 of 2026
The court affirmed that under Order XXXIX Rule 3A of the CPC, interim injunction applications must be disposed of within thirty days, and directed the trial court to decide the pending application within one month.
Headnote:(A) Civil Procedure - Interim Injunction - Disposal Timeline - Order XXXIX Rule 3A of CPC mandates that applications for interim injunction shall be disposed of within a period of thirty days; failure to adhere to this timeline justifies a direction for expeditious disposal. (Para 4, 5)
Issues: Whether the trial court should be directed to dispose of a pending interim injunction application expeditiously in accordance with the statutory mandate of Order XXXIX Rule 3A of CPC.
| Table of Content |
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| 1. petitioner seeks direction for expeditious disposal of an interim injunction application in a partition suit. (Para 1 , 2 , 3) |
| 2. order xxxix rule 3a of cpc mandates disposal of interim injunction applications within thirty days. (Para 4) |
| 3. trial court is directed to decide the interim injunction application within one month. (Para 5 , 6) |
ORDER
In this Civil Revision Petition, the petitioner is seeking a direction to the trial Court to dispose of the interim injuction application in I.A. No.22 of 2026 in O.S. No.4 of 2026 on the file of the learned Senior Civil Judge at Suryapet, expeditiously, prior to disposal of the main suit.
2. Heard learned counsel for the petitioner and perused the record.
3. It is submitted that the petitioner herein is the plaintiff in the suit filed for partition of the plaint schedule property into three shares and allotment of 2/3rd share to the plaintiff. Along with the said suit, the petitioner has filed I.A. No.22 of 2026 seeking interim injunction restraining the 1st defendant and her henchmen from alienating the suit schedule property to third parties till disposal of the suit.
4. Learned counsel for the petitioner submitted that every application for interim injunction shall be disposed of within a period of thirty days as mandated in Rule 3A of Order XXXIX of CPC. However, the trial court did not dispose of the said application even after lapse of more than six months from the date of its filing on 28.01.2026. He also relied upon the decisions of this Court in C.R.P. No.2868 of 2025 dated 26.09.2025 and also C.R.P. No.81 of 2026 , dated 09.01.2026, wherein direction was given to the trial Court to dispose of the applications filed therein at the earliest before proceeding with the trial of the suits. Therefore, the prayer of the petitioner is to direct the trial Court to dispose of the subject application as early as possible.
5. Having regard to the specific provisions of Order XXXIX Rule 3A of CPC and in view of the fact that the trial Court ought to have disposed of the interim injunction application at the earliest, the trial Court i.e., Senior Civil Judge Court, at Suryapet is directed to take up I.A. No.22 of 2026 in O.S. No.4 of 2026 at the earliest and decide the same within a period of one (01) month from the date of receipt of a copy of this order.
6. With the above direction, the Civil Revision Petition is disposed of.
No order as to costs.
Miscellaneous applications, if any pending in this Petition, shall stand closed.
