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2020 DIGILAW 663 (TS)

Jaihind Green Fields Pvt Ltd. v. Shankar Hills Plots

2020-09-02

SHAMEEM AKTHER

body2020
JUDGMENT Shameem Akther, J. - Since the facts and issues involved in these cases are identical, the Civil Revision Petitions are being disposed of by this common order. 2. C.R.P.No.835 of 2020 is filed under Article 227 of the Constitution of India by the petitioner/defendant No.3 seeking a direction to the learned VIII Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar to dispose of I.A.No.89 of 2020 in O.S.No.35 of 2020 pending on its file, expeditiously. 3. C.R.P.Nos.817, 825 and 834 of 2020 are filed under Article 227 of the Constitution of India by the revision petitioners/defendant No.1, defendant No.4 and defendant No.3 respectively aggrieved by the order, dated 03.07.2020, passed in I.A.No.262 of 2020 in I.A.No.89 of 2020 in O.S.No.35 of 2020 by the VIII Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, wherein police protection was granted to the plaintiff directing the SHO, Gachbowli police station, to render necessary police protection from the defendants. 4. Heard both sides and perused the record. 5. As per the material placed on record, in I.A.No.1 of 2020 in Receive and Transmit petition No.4 of 2020, this Court granted ex parte interim injunction on 07.01.2020 in favour of the plaintiff restraining the defendants from interfering with the possession and enjoyment of the plaintiff association over the petition schedule property. Subsequently, I.A.No.1 of 2020 in Receive and Transfer petition No.4 of 2020 on the file of this Court was numbered as I.A.No.89 of 2020 in O.S.No.35 of 2020 on the file of the Court below. Thereafter, the plaintiff filed I.A.No.262 of 2020 before the Court below seeking police protection to implement the said ex parte interim injunction and the Court below vide impugned order dated 03.07.2020 granted police protection. 6. It is pertinent to state that as per Order XXXIX Rule 3-A of CPC where an ex parte injunction order is granted, such application shall be disposed of within a period of 30 days from the date of grant of such an ex parte order. 7. 6. It is pertinent to state that as per Order XXXIX Rule 3-A of CPC where an ex parte injunction order is granted, such application shall be disposed of within a period of 30 days from the date of grant of such an ex parte order. 7. In the instant case, this Court vide order dated 07.01.2020 in I.A.No.1 of 2020 in Receive and Transmit petition No.4 of 2020 (numbered as I.A.No.89 of 2020 in O.S.No.35 of 2020 on the file of the Court below) granted ex parte interim injunction subject to the petitioner association complying the mandate given under Order XXXIX Rule 3-A of CPC within 24 hours. However, the Court below did not dispose of the said I.A.No.89 of 2020 in O.S.No.35 of 2020 within 30 days as contemplated under Order XXXIX Rule 3-A of CPC, but was pleased to grant police protection vide order dated 03.07.2020 in I.A.No.262 of 2020 in I.A.No.89 of 2020 in O.S.No.35 of 2020. The Court below did not dispose of main I.A.No.89 of 2020 till date without there being any justifiable cause. Nowadays though the Court proceedings are being carried out through Video conference, the Court below ought to have disposed of the main I.A. itself by this time. There are grave omissions on the part of the Court below in adjourning the subject I.A.No.89 of 2020 from time to time. 8. In the given circumstances, without expressing any opinion on the merits of the matter, the Court below is directed to dispose of I.A.No.89 of 2020 in O.S.No.35 of 2020 within a period of seven days from today. 9. With the above direction, the Civil Revision Petitions are disposed of. There shall be no order as to costs. The Miscellaneous petitions, if any, pending shall stand closed.