IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.3685 OF 2009 Between : M.Sathibabu .... PETITIONER A N D Bandaru Venkata Narasimha Rao. …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 3685 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 03.08.2009, in I.A. No.1 of 2009 in O.S.No.16 of 2009 on the file of Sub Divisional Magistrate (Mobile Court) Bhadrachalam, whereunder and whereby, the Court below restrained the petitioner/defendant, his henchmen, servants, agents or anybody on his behalf in any way interfering with the peaceful possession and enjoyment of the respondent herein in respect of the petition schedule property. The order of the trial Court reads as follows: “The respondent/defendant, his henchment, servants, agents or anybody on his behalf do hereby restrained from in any interfering with the petitioner / plaintiff’s peaceful possession and enjoyment of the schedule property till further order. SCHEDULE The land in S.No.84/1 measuring an extent of Acs.3-37 cents, situated at Vaddigudem Village of V.R.Puram Revenue Mandal, Khammam District, bounded by:- East : Land of Muthyala Mohan Rao West : Land of M.D.Saraswathi South : Land of Kadupu Sreerama Murthy North : Land of Muthyala Seethaiah”. 2. There is total non-application of mind by the learned Sub Divisional Magistrate, Bhadrachalam in passing the impugned order. No reasons are assigned with regard to grant of injunction. Right to reason is an indispensable part of sound judicial system. The other party must know for what reason the injunction is granted. Without adverting to the documents filed by the petitioner herein and as well the respondent as to whether who has got prima facie title, balance of convenience and irreparable injury, which are the three principles to be taken into consideration for grant of temporary injunction, injunction was granted. 3. Accordingly, the Civil Revision Petition is disposed of remanding the matter to the trial Court with a direction to dispose of the application filed by the petitioner in accordance with law, after duly taking note of the documents filed by both the parties to decide as to who has got prima facie title, balance of convenience and irreparable injury, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _______________ K.C.BHANU. J DECEMBER 15, 2010. YVL