Telangana High Court
A. Vara Prasad Reddy vs Smt. Kotim Yamini Reddy And 2 Others on 1 July, 2022
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CIVIL REVISION PETITION No.488 of 2022
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff, challenging the docket order, dated 23.02.2022, passed in I.A.No.162 of 2022 in O.S.No.153 of 2021, by the XVI Additional District Judge-cum- III Additional Family Judge, Ranga Reddy District at Malkajgiri, whereby, in the subject I.A.No.162 of 2020 filed by the petitioner/plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking to restrain the respondents/defendants from alienating the petition schedule properties till the disposal of the main case, the Court below ordered urgent notice to respondent No.1.
2. Heard both sides. Perused the record.
3. The impugned docket order, dated 23.02.2022, reads as follows:
"Heard the counsel for the petitioner. Perused the record. Issue urgent notice to R1 on payment of process. Call on 11.03.2022."
4. Grant or refusal of order of injunction is the discretionary power of the Court. However, such discretionary power should be 2 exercised judiciously. In the instant case, issuance of urgent notice to R1 before deciding the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC by the Court below cannot be faulted. Moreover, a CRP filed challenging the issuance of urgent notice is not maintainable.
5. With the above observations, this Civil Revision Petition is disposed of.
Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed. There shall be no order as to costs.
__________________ Dr. SHAMEEM AKTHER, J 01st July, 2022 Bvv