IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^^ FRIDAY. THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE rv 44. I m O o> 4 PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD ■-VSgg CIVIL REVISION PETITION NO: 221 OF 2025 Petition under Article 227 of the Constitution of India, aggrieved by action of the court below in not disposing of the I.A. in I.A.No. 22 of 2024 in O.S.No. 12 of 2024 on the file of Junior Civil Judge, Madakasira. Between: Hanumantharayappa, S/o Late Yalaman Hanumantharayappa, Aged about 48 years, Occ: Cultivation, R/o Upparahatti, H/o. Hemavathi, Amarapuram Mandal, Sri Satya Sai District. ...Petitioners/Defendants AND Smt Shankaramma, W/o Late Umesh, Aged about 38 years, Hindu, Occ Cultivation, R/o. D.No. 9-33, UpparaHatti, H/o. Hemavathi, Amarapuram Mandal, Sri Satya Sai District. 1. ...Respondent No.1/Plaintiff Smt. Lakshmakka, @ Bebee,, W/o Late Hanumantharayappa, aged about 50 years, R/o Upparahatti, H/o. Hemavathi, Amarapuram Mandal Sri Satya Sai District. 2. ...Respondent No.2/Defendant No.2 Ningappa @ Ninganna, , S/o Narasimhappa, Aged about 65 years, R/o Upparahatti, H/o. Hemavathi, Amarapuram Mandal Sri Satya Sai District. 3. ...Respondent No.3/Defendant No,3 I lA 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 direct the court below to expedite the I.A. in I.A.No. 22 of 2024 in O.S.No. 12 of 2024 on the file of Junior Civil Judge, Madakasira pending disposal of the main C.R.P. Counsel for the Petitioner: SRI P.NARASIMHULU Counsel for the Respondents: - The Court made the following: ORAL ORDER 1 APHC010042882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 221/2025 Between: YALAMAN AGED ABOUT 48 YEARS, OCC R/0 UPPARAHATTI, H/0. HEMAVATHI, LATE S/0 1. HANUMANTHARAYAPPA, HANUMANTHARAYAPPA CULTIVATION. AMARAPURAM MANUAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND AGED ABOUT 38 1.SMT SHANKARAMMA, W/0 LATE UMESH, YEARS. HINDU, UPPARAHATTI, H/0. HEMAVATHI, SATYA SAI DISTRICT. CULTIVATION, R/0. D.NO. 9-33, AMARAPURAM MANDAL, SRI OCC 2.SMT LAKSHMAKKA BEBEE, W/0 LATE HANUMANTHARAYAPPA, AGED ABOUT 50 YEARS, R/0 UPPARAHATTI, H/0. HEMAVATHI, AMARAPURAM MANDAL SRI SATYA SAI DISTRICT. 3.NINGAPPA NINGANNA, , S/0 NARASIMHAPPA, AGED ABOUT 65 YEARS, R/0 UPPARAHATTI, H/0. HEMAVATHI, AMARAPURAM MANDAL SRI SATYA SAI DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner: 1.PNARASIMHULU Counsel for the Respondent(S): 2 1. The Court made the following: \ ORAL ORDER: Heard Sri Narasimhulu Parise, learned Counsel for the Petitioner. 2. Learned Counsel for the Petitioner would submit that the present C.R.P is filed by the Defendant No.2 in O.S.No.12/2024. He would submit that the Respondent No.1 herein filed Suit bearing O.S.No. 12/2024 on the file of the Civil Judge (Junior Division), Madakasira, seeking Permanent Injunction, submitted that the Plaintiff/Respondent No.1 herein filed O.S.No.12/2024 seeking ad-interim injunction. Wde Order dated It is I.A.No.22/2024 in 08.01.2024, an ad-interim injunction was granted in favour of the Plaintiff and against the Defendants. The Revision Petitioner herein (Defendant No.2) filed Counter Affidavit on 01.04.2024. Learned Counsel has taken this Court Docket Orders, indicating that the learned Civil through the Judge (Junior Division), without considering the Counter Affidavit filed by the Defendant No.2/Revision Petitioner herein and without passing the final orders in I.A.No.22/2024, had kept on extending the ad-interim injunction granted in favour of the Plaintiff. Learned Counsel for the Petitioner seeks indulgence of this Court by seeking a direction to the Civil Judge (Junior Division), Madakasira, to dispose of the Interlocutory Application bearing I.A.No.22/2024 in O.S.No.12/2024 on merit and in accordance with law, after considering the Counter Affidavit filed by the Revision Petitioner. 3. This Court has perused the Docket Order filed by the Petitioner. The Docket Order would indicate Revision five dates (22.04.2024, 27.06.2024, 29.06.2024, 28.08.2024 & 14.10.2024). It is noticed that the Civil Judge (Junior Division), Madakasira, had extended the ad-interim injunction simpliciter. It is submitted by the learned Counsel for the Revision that even till date, I.A.No.22/2024 has not been taken Petitioner up for hearing. It is a settled law that when an ad-interim injunction is passed under Order 39 Rule 1 3 & 2 of C.P.C, it is incumbent on the concerned Court to immediately take up the said I.A for enquiry as soon as the Counter Affidavit has been filed, particularly where the Defendants have prayed for vacating the said temporary injunction. It is seen from the record that the Counter Affidavit has been filed way back in the month of April, 2024 whereas, the Civil Judge (Junior Division), Madakasira, has not taken up the I.A for final hearing. 4. In this view of the matter, there shall be a direction to the Civil Judge (Junior Division), Madakasira, to take up the Interlocutory Application bearing I.A.No.22/2024 in O.S.No.12/2024 and dispose of the same within a period of four weeks from today. Needless to state that this Court has not dealt with the case on merit and that the Civil Judge (Junior Division), Madakasira, is at liberty to pass an Order in I.A.No.22/2024 in accordance with law. The Civil Revision Petition is allowed with the above observations and directions. No order as to costs. 5. 6. Interlocutory Applications, if any, stand closed in terms pf this order. j . « / Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Civil Judge(Junior Division), Madakasira, Ananthapuram District. 2. One CC to Sri. P Narasimhulu, Advocate [OPUC] 3. Three CD Copies. stu HIGH COURT DATED:21/03/2025 ORDER OFAN^ CRP.No.221 of 2025 CT 7^mm I . Current Section * ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS