Extracted from the PDF above. The PDF is authoritative.
APHC010709722025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Friday, The Twenty Sixth Day Of December Two Thousand And Twenty Five Present The Honourable Ms. Justice B. S. Bhanumathi Civil Revision Petition No: 3780 of 2025 Between:
1. Methar Abdul Salam,, S/O. Methar Mahammad Ismail, Aged About 44 Years, Occ- Business, R/O. H.No.L 1-172, Near Sulthan Masjid, Yemmiganur Town, Kurnool District. 2. Methar Abdul Latheef,, S/O. Methar Mahammad Ismail, Aged About 42 Years, Occ- Business, R/O. H.No.L 1-194, Upstairs Sulthan Masjid, Yemmiganur Town, Kurnool District. 3. Methar Mahaboob Basha,, S/O. Methar Mahammad Ismail, Aged About 46 Years, Occ- Business, R/O. H.No.L 1-171, Near Sulthan Masjid, Yemmiganur Town, Kurnool District. ...Petitioner(S) And
1. The Commissioner, Yemmiganur Municipality, Yemmiganur, Kurnool District - 518360. ...Respondent Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to allow the Civil Revision Petition by setting aside the order dated 06.10.2025 passed in I.A. No. 482 of 2025 in O.S. No. 236 of 2025 on the file of the Court of the Honble Civil Judge (Junior Division), Yemmiganur, and to consequently grant an order of injunction in favour of the petitioners in respect of the petition schedule property, and pass
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I.A.No: 1 of 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with filing of order dt.06.10.2025 passed in lA No.482 of 2025 in OS No.236 of 2025 on the file of the Court of the Honb)le Civil Judge (Junior Division), Yemmiganur and pass I.A.No: 2 of 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant ad- interim injunction restraining the respondent, its officers, employees or agents from demolishing and interfering with the petitioner’s possession of the plaint scheduled property in OS No.236 of 2025 on the file of HonTDle Civil Judge (Junior Division) Yemmiganur and pass Counsel for the Petitioner(S):
1. G. R. Sudhakar Counsel for the Respondent:
1.
The Court made the following:
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Order:
This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 06.10.2025 in I.A. No.482 of 2025 in O.S. No.236 of 2025 on the file of the Civil Judge (Junior Division), Yemmiganur. 2. The revision petitioners filed a suit seeking permanent injunction apprehending demolition of the suit schedule shop buildings due to the show- cause notice issued by the respondent on 17.09.2025 to submit explanation within three (03) days, failing which the alleged encroachments would be removed by the department. Along with the suit, the plaintiffs filed I.A. No.482 of 2025 under Order XXXIX Rules 1 and 2 C.P.C. to grant ad-interim injunction restraining the respondent, its officers, etc., from dismantling the suit schedule properties pending disposal of the suit. 3. On 06.10.2025, the trial Court directed issuance of urgent notice and posted the case to 20.10.2025. Thereafter, as per the representation made by the learned counsels for the petitioners and the respondent herein, the respondent / defendant filed its written statement and counter on 24.11.2025. On 20.10.2025, the trial Court adjourned the matter to 30.12.2025. As such, the revision petitioners approached this Court apprehending demolition of the suit schedule properties. 4. Sri Lakshmi Narayana Gudapati, the learned Standing Counsel for the respondent submitted that there is no urgency, as no active steps are being taken by the respondent for demolition of the suit schedule properties, and
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moreover the interlocutory application before the trial Court is ripe for enquiry and the date of hearing is not too far off. As it is the jurisdiction of the trial Court to enquire into I.A. No.482 of 2025 and take a decision on merits, and since the pleadings are completed and the date of hearing is only three days after today, this Court is of the view that this revision petition can be disposed of by recording the representation made by the learned Standing Counsel representing the respondent, directing both the parties to get ready for enquiry in the interlocutory application before the trial Court on 30.12.2025 without any fail, since it was stated before this Court that no active steps are being taken for demolition of the suit schedule properties till hearing before the trial Court. 5.
5. Accordingly, this revision petition is disposed of directing both the parties to get ready for enquiry in the interlocutory application before the trial Court on 30.12.2025 without any fail. In any event, if the trial Court is unable to take up the enquiry, the petitioners can renew their request for interim protection before final hearing, and appropriate order may be passed by the trial Court. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stands closed. ________________________ JUSTICE B.S.BHANUMATHI
Date: 26.12.2025. Note: Issue CC by 26.12.2025 B/o. PNS
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