1 APHC010580962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 3297/2025 Between: 1. MOJJADA RAMAKRISHNA, S/O LATE MOJJADA APPANNA, AGED 65 YEARS, DISTRICT AND SESSIONS JUDGE (RETD.), PRACTICING ADVOCATE OF A.P HIGH COURT, PERMANENT RESIDENT OF ALLADA VILLAGE, JALUMURU MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. MOJJADA DHANUNJAYA RAO, S/O LATE M. APPANNA. AGED 46 YEARS. PULMONOLOGIST, R/O FLAT NO. 101, SATYAM ENCLAVE, SANA STREET, DCCB COLONY, SRIKAKULAM, PERMANENT RESIDENT OF ALLADA VILLAGE, JALUMURU MANDAL, SRIKAKULAM DISTRICT, ALSO C/O MEDICAL CLINIC, ONE WAY TRAFFIC ROAD, NEAR SINDHURA NURSING HOME,SRIKAKULAM CONTACT NO. 8341786934. ...RESPONDENT Counsel for the Petitioner: 1. M S S SWAYAM PRAKASH BABU Counsel for the Respondent: 1. The Court made the following: 2 ORAL ORDER: Heard Sri M. Gnaneswara Rao, learned Counsel appearing on behalf of Sri M.S.S. Swayam Prakash Babu, learned Counsel for the Petitioner. 2. The present C.R.P. is filed by the Plaintiff/Petitioner with a grievance that the Application filed by the Petitioner under Order XXXIX Rule 1 and 2 CPC bearing I.A.No.463/2025 in O.S.No.68/2025 is being unduly prolonged which is causing the Plaintiff/Petitioner serious inconvenience and prejudice. 3. It is submitted by the learned Counsel appearing for the Petitioner that the Plaintiff/Petitioner filed O.S.No.68/2025 praying for declaration of title and also for Permanent Injunction. The Plaintiff/Petitioner filed I.A.No.463/2025 under Order XXXIX Rule 1 & 2 CPC seeking Temporary Injunction. It is submitted that the Suit was listed on 07.07.2025. The Defendant/Respondent filed Vakalat on 13.08.2025 and the Suit was posted for Counter with a direction to list on 02.09.2025. Thereafter, time was extended for filing Counter Affidavit in I.A.No.463/2025 on 22.09.2025, 06.11.2025, 10.12.2025 and 04.02.2026. It is submitted that on 04.02.2026, the learned Judge adjourned the matter to 23.03.2026. Learned Counsel submits that more than six (6) months have elapsed, despite the fact that the Defendant/Respondent had entered appearance way back on 13.08.2025, and the delay is causing severe prejudice and hardship to the Plaintiff/Petitioner herein. 4. On the direction of the Court, the Plaintiff/Petitioner also filed a Memo to this effect indicating the dates on which the Suit and the Interlocutory Application were listed before the learned Civil Judge (Junior Division), Kotabommali, Srikakulam District. 5. Having considered the above facts, this Court deems it appropriate to allow the present Civil Revision Petition, at the admission stage, without going into the merit, directing the learned Civil Judge (Junior Division), Kotabommali, Srikakulam District to consider the Interlocutory Application bearing I.A.No.463/2025 in accordance with law. The learned Civil Judge (Junior Division), Kotabommali, Srikakulam District is directed to advance the date of 3 hearing from 23.03.2026 to 26.02.2026 and hear the Interlocutory Application on a day-to-day basis and pass a Speaking Order in accordance with law within a period of two (2) weeks thereafter. The learned Judge is directed to issue Notice to the learned Counsel representing the Defendant/Respondent herein by informing them that the date scheduled for hearing on 23.03.2026 would now be advanced to 26.02.2026. Learned Counsel representing the Plaintiff/Petitioner before the learned Civil Judge (Junior Division), Kotabommali, Srikakulam District shall also inform the learned Counsel representing the Defendant within one week from today. 6. With these observations and directions, this Civil Revision Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:09.02.2026 Note: Issue C.C by 10.02.2026, B/o, Vns