Telangana High Court
Lakkakula Jayaprada vs Mohammad Mazaharuddin on 4 July, 2025
Author: K. Lakshman
Bench: K. Lakshman
THE HON'BLE SRI JUSTICE K. LAKSHMAN
CIVIL REVISION PETITION No. 1056 of 2025
ORDER:
Heard Sri V. Venkatram Narsaiah, learned counsel for petitioner.
2. This Civil Revision Petition is filed under Article 227 of the Constitution of India seeking a direction to the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Peddapalli District, to dispose of I.A.No.196 of 2022 in O.S.No.59 of 2022, filed by the respondents/plaintiffs under Order XXXIX Rules 1 & 2 CPC seeking temporary injunction, as expeditiously as possible.
3. Respondents filed the aforesaid suit against the petitioner/defendant initially for declaration of title and rectification of entries. Thereafter, they have restricted the suit prayer only to rectification of entries in the revenue records.
4. In the said suit, the respondents filed I.A.No.196 of 2022 under Order XXXIX Rules 1 & 2 CPC seeking temporary injunction and the trial Court granted ad interim injunction in 2 KL, J C.R.P.No.1056 of 2025 favour of the respondents. The petitioner herein had already filed counter in the said I.A.No.196 of 2022 which is posted for hearing. Even then, the trial Court is not disposing of I.A.No.196 of 2022 in O.S.No.59 of 2022.
5. Learned counsel for the petitioner, on instructions, would submit that on administrative grounds, the said suit i.e., O.S.No.59 of 2022 was transferred to the Court of Junior Civil Judge, Sultanabad, wherein, the said suit is re-numbered as O.S.No.56 of 2025 and for I.A.No.196 of 2022, new number is not assigned so far. Therefore, he sought to direct the learned Junior Civil Judge, Sultanabad, to decide I.A.No.196 of 2022 (new number is not assigned) in O.S.No.56 of 2025 (old No.59 of 2022) as expeditiously as possible.
6. Perusal of record would reveal that during pendency of the subject suit, the respondents/plaintiffs have filed an application vide I.A.No.408 of 2023 in I.A.No.196 of 2022 in O.S.No.59 of 2022 under Order I Rule 10 CPC to implead the proposed respondent Nos.2 to 31 as party defendants in the said suit. However, vide order dated 25.04.2024, the trial Court 3 KL, J C.R.P.No.1056 of 2025 dismissed the said I.A.No.408 of 2023. Challenging the said order, they have filed C.R.P.No.279 of 2025 before this Court. Vide order dated 31.01.2025, the said C.R.P. was also dismissed. Further, when the petitioner committed breach of ad interim injunction order, the respondents filed I.A.No.66 of 2024 for detention of the petitioner in civil prison. In the said I.A.No.66 of 2024, the respondents filed I.A.No.164 of 2024 under Order XXVI Rule 9 CPC for appointment of Advocate Commissioner to note down the physical features of the suit schedule property. Vide order dated 29.11.2024, the said I.A.No.164 of 2024 was dismissed. Challenging the same, the respondents filed C.R.P.No.280 of 2025 and vide order dated 31.01.2025, this Court dismissed the said revision.
7. In the light of the above and in view of the relief sought by the petitioners, notice to the respondents is waived off by invoking the powers of this Court under Article 227 of the Constitution of India.
8. It is to be noted that as per Order XXXIX Rule 3A CPC, when ex parte interim injunction is granted, the Court shall 4 KL, J C.R.P.No.1056 of 2025 make an endeavour to finally dispose of the application for injunction within thirty (30) days from the date of the said order.
9. Accordingly, this Civil Revision Petition is disposed of directing the learned Junior Civil Judge, Sultanabad, to dispose of I.A.No.196 of 2022 (new number is not assigned) in O.S.No.56 of 2025 (old No.59 of 2022) strictly in accordance with law, as expeditiously as possible, preferably, within a period of 30 (thirty) days from the date of receipt of copy of this order. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_________________ K. LAKSHMAN, J 4th JULY, 2025.
Note: issue C.C. by 07.07.2025.
kvni/vjb