JALADI PRABHAKAR RAO Vs. GUDAVARTHI KAMALA KUMARI

JUDGEMENT

(1.) Heard Sri Pamarthy Rathnakar, learned counsel for the petitioner.

(2.) This Civil Revision Petition (S.R) has been filed by the petitioner/third party, challenging the order of temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure (in short 'C.P.C') in I.A.No.345 of 2023 in O.S.No.67 of 2023 passed by the Principal Junior Civil Judge, Gudivada, on 15/3/2023.

(3.) The suit was filed by the plaintiff, 1st respondent herein against the defendant, the 2nd respondent-Gudivada Municipality. The petitioner is not party in the said suit. The petitioner's case is that the plaintiff/1st respondent made encroachment in front of the petitioner's house, with respect to which the proceedings were initiated by the 2nd respondent-Gudivada Municipality by issuing notice under Sec. 192 of the A.P.Municipalities Act, 1965(in short 'the Act'). But in spite of the notice, the further proceedings were not being taken. So, the petitioner filed W.P.No.24395 of 2023, which was disposed of by order dtd. 27/2/2024, directing the Commissioner of the said Municipality to initiate necessary action, strictly in accordance with law, pursuant to the notice dtd. 7/3/2023 under Sec. 192 of the Act, if no interim order was passed by the civil Court.