THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4643/2009 Date of Order: 8-9-2011 Between: Rudrapati Prem Kumar ..Petitioner and 1. Rt. Rev. Govada Dyvasirvadam and others. ..Respondents The Court made the following:: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4643/2009 Oral order: The revision petitioner herein filed Contempt Case in G.L.No.1238/2007 under Rule 5(d) of the Contempt of Court Rules, 1980, before the court of I Additional District Judge, Machilipatnam. On return of the said case with an objection dt. 29-10-2007 that how the petition is maintainable; the same was represented on 1-11-2007. The trial court again returned the petition with the same objection by giving seven days time for representation on 13-11-2007. Since it was not represented within the time, and as there is delay in representation, the petitioner filed IA No.329/2009 under section 5 of the Limitation Act to condone the delay of 384 days in representation. The trial court by order dt. 2-6-2009 dismissed the petition. Questioning the same, the present revision petition is filed. Admittedly, for disobedience of breach of injunction order, if any granted in CMA, the proper remedy for the petitioner is to file an application under Order 39 rule 2-A CPC., and contempt case cannot be maintainable. The impugned order passed by the trial court does not suffer from any illegality warranting interference by this court. The Civil Revision Petition is accordingly dismissed granting liberty to the petitioner to file an application under Order 39 rule 2- A CPC for breach of injunction, if he is so advised. No costs. _______________ A.GOPAL REDDY, J. Dt.8-9-2011 kmr