OGUBOYINA BABU RAO Vs. KHASIM SHERIFF

JUDGEMENT

(1.) This revision petition is for orders of the Court, as to whether the civil revision petition iVmaintainable against an order of ex parte injunction passed under Order XXXIX, Rules 1 and 2 CPC which is an appealable order.

(2.) The learned Counsel for the petitioners brought to my notice that the respondent herein filed OS No.200 of 2000 on the file of the learned Junior Civil Judge, Addanki, Prakasham District for specific performance of an agreement of sale and also filed IA No.880 of 2000 seeking a temporary injunction restraining the petitioners herein from interfering with his possession. The Court below seemed to have granted an ex parte injunction on 3-8-2000. Thereafter the petitioner herein seemed to have filed the counter on 31-8-2000 and the matter was posted for hearing on 6-9-2000. Subsequently at the instance of the respondents herein the Court adjourned the hearing of the interlocutory application to 12-9-2000 and posted to 29-9-2000. Apprehending that the Court may not dispose of the interlocutory application, the petitioner herein filed this revision petition.

(3.) From a report published in Hindu dated 26-9-2000, it is seen that the Supreme Court condemned the practice of the Courts in not disposing of the interlocutory applications. In fact, Their Lordships have gone to the extent of observing that the High Court should call for the explanation and take disciplinary action, in suitable cases, when the conduct of the Judicial Officers is not in furtherance of the cause of the justice.