APHC010101842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3299] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 587/2025 Between: Kodali Vara Prasad ...PETITIONER AND Yalamanchi Hyranya Krishna ...RESPONDENT Counsel for the Petitioner: 1. SUDHAKARA RAO AMBATI Counsel for the Respondent: 1. The Court made the following: ORDER : Heard Sri M.D.Shafi, learned counsel representing Sri Ambati Sudhakara Rao, learned counsel for the petitioner. 2. Considering the nature of the dispute, relief claimed and the order proposed to be passed, issuance of notice to the respondent is dispensed with. 2 (RNT,J C.R.P.No.587 of 2025) 3. This Civil Revision Petition has been filed under Article 227 of the Constitution of India, challenging the delay in disposing of I.A.No.732 of 2024 in O.S.No.1854 of 2024, pending before the II Additional Junior Civil Judge-cum-II Additional Metropolitan Magistrate Vijayawada. 4. The respondent/plaintiff filed O.S.No.1854 of 2024 on the file of the II Additional Junior Civil Judge-cum-II Additional Metropolitan Magistrate Vijayawada, seeking permanent injunction against the petitioner/defendant. Along with the suit, the plaintiff filed I.A.No.732 of 2024 under Order 39 Rules 1 & 2 of the Code of Civil Procedure,1908 (in short ‘CPC’) seeking ad interim ex parte temporary injunction. The learned Court granted ad interim ex parte injunction on 19.10.2024. The petitioner/defendant filed his objections/counter affidavit on 29.10.2024. 5. Aggrieved by the pendency and non-disposal of I.A.No.732 of 2024, the Civil Revision Petition has been filed for expeditious disposal of the said application. 6. The contention raised is that in spite of filing the counter affidavit, the application for temporary injunction has not been considered and decided. 3 (RNT,J C.R.P.No.587 of 2025) 7. Order 39 Rule 3 (A) CPC reads as under : “3A. Court to dispose of application for injunction within thirty days : Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability”. 8. The grant of injunction was ex parte, without affording an opportunity to the defendant, and was subject only to the issuance of notice. 9. A perusal of the Rule 3(A) of Order 39 CPC, shows where injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within 30 days from the date injunction was granted and where it is unable to do so, it shall record its reasons for such inability. 10. Even otherwise, once the petitioner has entered appearance and filed his counter, the application for grant of 4 (RNT,J C.R.P.No.587 of 2025) temporary injunction should be considered and decided expeditiously, taking into account the stand of the defendant. 11. Considering the submissions advanced by the learned counsel for the petitioner, to meet the ends of justice, without observing anything on the merits of claims made in the application or in the counter affidavit, this Civil Revision Petition is being disposed of finally at the stage of admission itself, with a direction to the learned II Additional Junior Civil Judge-cum-II Additional Metropolitan Magistrate Vijayawada, to dispose of I.A.No.732 of 2024, after giving due opportunity of hearing to the parties in accordance with law, as expeditiously as possible, preferably, within a period of three months (03) from the date of receipt of a copy of this order, if there is no other legal impediment. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J Date : 04.04.2025 RPD. 5 (RNT,J C.R.P.No.587 of 2025) 164 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI (DISPOSED OF ) CIVIL REVISION PETITION NO: 587 OF 2025 Date : 04.04.2025 RPD.