IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.836 OF 2009 Between: Smt. P. Padmavathi ..... APPELLANT AND M.A. Hameed and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.836 OF 2009 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, is directed against the docket order, dated 27.06.2009, in I.A.No.902 of 2009 in C.M.A.No.63 of 2009, on the file of II Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, the petition filed by respondent No.1 herein to grant ad-interim injunction restraining respondent Nos.2 to 7 herein, their hencemen and any other persons claiming through them, from interfering with the peaceful possession and enjoyment of the suit schedule property, was allowed. 2. Heard the learned counsel for the petitioner. None appears for respondent No.1, in spite of service of notice. 3. The impugned order reads as follows: “Having heard the learned counsel for the petitioners and having considered the contents of the affidavit of the petitioner and the documents and since the respondents 1 to 6 did not file counters, I am of the view that the petitioners have got prima facie case, balance of convenience in their favour and they are entitled for the relief of interim injunction as prayed for. In the result, the petition is allowed. Under the circumstances, there shall be no order as to costs.” 4. As seen from the impugned order, no reason is assigned by the Court below in allowing the petition as prayed for. Right to reason is an indispensable part of a sound judicial system. Every party must know the reason and on what grounds, the petition was allowed. Without any reason if an order is passed, it is nothing but perverse order and it is unsustainable. Hence, the impugned order is liable to be set aside. 5. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order, dated 27.06.2009, in I.A.No.902 of 2009 in C.M.A.No.63 of 2009, on the file of II Additional Chief Judge, City Civil Court, Hyderabad. The matter is remitted to the Court below with a direction to dispose of the appeal itself instead of passing any orders in the Interlocutory Application. There shall be no order as to costs. _______________ K.C. BHANU, J October 05, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.836 OF 2009 October 05, 2010