THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1089 of 2010 Date:30.12.2010 Between: Vempalli Venkatramana Reddy and another … Appellants And Smt.Vempalli @ Yanamala Lakshmi Devi and five others …Respondents THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1089 of 2010 ORDER: This civil revision petition is filed against the order and decree, dated 18.12.2010 passed by the Senior Civil Judge, Madanapalle, Chittoor District in I.A.No.999 of 2010 in O.S.No.232 of 2010 granting interim injunction ex parte. The suit is filed for partition. I have heard the learned counsel appearing for the appellants and the respondents. It is submitted by the learned counsel appearing for the appellants that the father of the plaintiffs already alienated the schedule mentioned property under the registered documents and therefore, the question of respondents claiming any share in the property does not arise. This Court, however, is of the view that the merits of the contentions urged by both the parties can be examined only after receiving the counter filed by the appellants and considering the documents filed on either side and this exercise can be done before the trial Court. This Court can only examine the question whether the grant of temporary injunction ex parte by the learned trial Court is proper or not. Perusal of the impugned order passed by the trial Court obviously reveals that no reasons were given for issuing temporary injunction without notice to the appellants. The order also does not show any application of mind by the learned trial Court while passing the order. The order granting ex parte interim injunction without assigning any reasons, is not valid in the eye of law. Therefore, the order passed by the trial Court is set aside. The learned trial Court is directed to dispose of I.A.No.999 of 2010 in O.S.No.232 of 2010 on merits within a period of three weeks from the date of receipt of a copy of this order. With the above direction and without going into merits of the case, the C.M.A. is disposed of. The learned court below has to render its decision without being influenced by any of the observations made by this Court while disposing of the C.M.A. There shall be no order as to costs. _______________ R.KANTHA RAO, J Date:30.12.2010 ccm THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1089 of 2010 Date:30.12.2010