K ABDUL MALIK Vs. D SHAMA VALI

JUDGEMENT

(1.) The case of the revisionist herein is that the respondents had filed a civil suit during vacation before the Vacation Civil Judge, Kurnool, and obtained a temporary injunction. After vacation, the matter came up before the District Munsif, on the application made by the revisionist to vacate the injunction and the same was done by the District Munsif. Consequently an appeal was preferred to the learned Subordinate Judge, Adoni, who held that the District Munsif had no jurisdiction to vacate the injunction granted by the Vacation Civil Judge, Kurnool. The error is quite apparent. In asmuch as during the vacation it was certainly competent for the Vacation Civil Judge to grant a temporary injunction for the vacation period which, he did, and later transmitted the record back to the court of competent jurisdiction namely the District Munsif, Adoni. Therefore, for all practical purposes, the order passed by the Vacation Civil Judgement be deemed to have been made by the District Munsif himself, which it could have done normally, but for the intervention of vacation. Hence it was certainly competent for the learned District Munsif to vacate the order of injunction grafted earlier by the Vacation Civil Judge. Since the aggrieved party has rightly preferred appeal, the learned subordinate Judge, ought to have either confirmed the injunction or vacated the same, and it is not certainly within his jurisdiction to say that the District Munsif lacked jurisdiction. Hence the order under revision is set aside.

(2.) The learned counsel for the respondents relied on a decision of this court reported in V. Ramarao vs. K. Balakntaia wherein Ramaswamy J, was faced with a situation that arose out of sub-clauses (5) and (6) of Sec. 32 of the A.P. Civil Courts Act. Dealing with that aspect, it has been held by the learned Judge :

(3.) The Civil Revision Petition is thus allowed, No costs and the matter is remitted back to the Subordinate Judge, as observed above.