THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.601 of 2008 ORDER: This civil revision petition is directed against the order dated 19.12.2007 passed in I.A.No.87 of 2007 in O.S.No.255 of 2007 on the file of the Sub-Divisional Magistrate and Special Assistant Agent, (Mobile Court), Bhadrachalam, whereby and where under the application filed by the petitioner/plaintiff seeking temporary injunction ended in dismissal. 2. Notice before admission has been ordered on 13.02.2008. The respondents entered appearance through a counsel. 3. Heard learned counsel appearing for the petitioner/plaintiff and learned counsel appearing for the respondents/defendants. 4. The principal grievance of the petitioner/plaintiff is that temporary injunction application was adjourned from 06.12.2007 to 22.12.2007 and it was suo moto advanced by the learned Sub-Divisional Magistrate to 19.12.2007 without intimation to the parties and thereafter the learned Sub-Divisional Magistrate proceeded to pass the impugned order. 5. The factual aspect of the matter being advanced suo moto from 22.12.2007 to 19.12.2007 without notice to the parties is not controverted by the learned counsel appearing for the respondents/defendants. Even otherwise the learned Sub-Divisional Magistrate did not consider the documents placed on record by the petitioner/plaintiff and also the averments mentioned in the affidavit filed in support of the temporary injunction application. The learned Sub-Divisional Magistrate simply referred the documents allegedly filed by the respondents/defendants and proceeded to record a finding that the petitioner/plaintiff failed to make out a prima facie case. The whole approach of the learned Sub- Divisional Magistrate in deciding the temporary injunction application is not in accordance with the provisions of the Civil Procedure Code. Therefore, the order impugned in the revision is liable to be set aside. 6. Accordingly, the civil revision petition is disposed of at the admission stage setting aside the Order dated 19.12.2007 passed in I.A.No.87 of 2007 in O.S.No.255 of 2007 on the file of the Sub-Divisional Magistrate and Special Assistant Agent, (Mobile Court), Bhadrachalam, and remanding the matter back to the learned Sub-Divisional Magistrate, to hear the parties afresh and to pass appropriate orders on the temporary injunction application. No order as to costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th March, 2008. Note: Issue C.C. within three days. B/O cs