HON'BLE SRI JUSTICE G. CHANDRAIAH Dated 16th September, 2009 CIVIL REVISION PETITION No. 4327 OF 2008 Between: Kodugani Rajeshwar Rao ......Petitioner. And: Mohd. Anwar and another ......Respondents HON'BLE SRI JUSTICE G. CHANDRAIAH Dated 16th September, 2009 CIVIL REVISION PETITION No. 4327 OF 2008 ORDER: This Civil Revision Petition is filed by the Petitioner aggrieved by the order dated 4th September, 2008 in I.A.No.369 of 2008 in I.A.No.679 of 2007 in O.S.No.496 of 2007 passed by the learned 2nd Additional Senior Civil Judge, Warangal. Petitioner herein is the defendant and respondents herein are the plaintiffs. The status of the parties will herein after be referred to as arrayed before the trial Court for the sake of convenience. Originally, a suit in O.S.No496 of 2007 was filed by the plaintiffs before the trial Court seeking permanent injunction against the defendant in respect of the lands in S.Nos.771, 772 and 773 admeasuring Ac.06-27 gts. situated at Ramannagudem village, Regonda Mandal, Warangal District. Along with this Suit, an application in I.A.No.679 of 2007 was filed by the plaintiffs against the defendant seeking temporary injunction pending disposal of the suit in question. The learned trial Court having ordered ad interim injunction in favour of the plaintiffs till 8th October, 2007 adjourned the mater to 8th October, 2007. While so, an application in I.A.No.369 of 2008 in I.A.No.679 of 2007 was filed by the plaintiffs seeking to order the concerned to comply C.A. filed for extension of interim orders vide I.A.No.679 of 2007 with an observation that the interim order granted earlier was in force by dispensing notice to the defendant for the ends of justice. The trial Court having observed that even the petition is closed for statistical purpose does not mean that closure of interlocutory application for statistical purpose amounts to vacating the order of interim injunction as held by the Apex Court reported in RALLABANDI SAKUNTHALA AND VARANASI JAGANNADHRA AND OTHERS (1984 (1) APLJ 211 (H)) and hence, the extension order is not vacated and is in force as not acted, answered the petition accordingly. Having aggrieved by the same, the present revision has been preferred by the defendant. Heard the learned counsel and perused the material available on record. It is contended by the learned counsel for the defendant that the Court below is erred in passing the order impugned without issuing any notice to the defendant. It is further contended that injunction order granted by the trial Court was operative upto 31st March, 2008 and thereafter, no steps were taken by the plaintiffs for extension of the interim orders and hence, the same was expired by 31st March, 2008. Hence he prays to set aside the order impugned. However, it is opposed by the learned counsel appearing on behalf of the plaintiffs. A perusal of the order impugned goes to show that there were memos filed by the plaintiffs for extension of interim injunction and the interim order was extended lastly on 31st March, 2008 as per the docket, and substituted in spite of memos, the extension was omitted as there was no regular Presiding Officer. The trial Court, following the decision cited supra, answered the petition clarifying that the extension order is not vacated and is in force as not acted. Having regard to the facts and circumstances of the case and in view of the arguments advanced by the learned counsel for the defendant, I am of the view that it is just and necessary to direct the Court below to consider and dispose of the application in I.A.No.679 of 2007 on merits. Accordingly, the Civil Revision Petition is allowed setting aside order impugned. Consequently, the trial Court is directed to dispose of the application in I.A.No.679 of 2007 on merits within a period of three weeks from the date of receipt of a copy of this order. There shall no be order as to costs. However, it is made clear that till the disposal of the application in I.A.No.679 of 2007, the injunction that was granted earlier by the trial Court shall continue. ___________________________ JUSTICE G. CHANDRAIAH Dated 16th September, 2009 Note: Issue CC by one week B/o IVD/DVS HON'BLE SRI JUSTICE G. CHANDRAIAH CIVIL REVISION PETITION No. 4327 OF 2008 Dated 16th September, 2009