THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.5026 of 2010 ORDER: The respondent filed O.S.No.167 of 2010 in the Court of the Principal Junior Civil Judge, Dhone against the petitioners for the relief of declaration of title and perpetual injunction. He has also filed I.A.No.363 of 2010 under Order 39 Rules 1 and 2 C.P.C. for temporary injunction. Urgent notice was issued to the petitioners. On 03.05.2010, the trial Court straightaway allowed the I.A. The petitioners filed I.A.No.407 of 2010 under Order 9 Rule 7 C.P.C. with a prayer to set aside the ex parte order passed on 03.05.2010. The respondent opposed the application. The trial Court dismissed the I.A. through order, dated 18.09.2010. Hence, this revision. Heard the learned counsel for the petitioners and the learned counsel for the respondent. The trial Court has chosen to issue urgent notice to the petitioners in the application filed under Order 39 Rules 1 and 2 C.P.C. In case the petitioners did not turn up even after receipt of the notice, the maximum that the trial Court could have done was to pass an order of ad-interim injunction. Instead, it has straightaway allowed the I.A. and granted temporary injunction as prayed for. Such an exercise is totally untenable and contrary to the letter and spirit of Order 39 C.P.C. At least, when the petitioners filed an application to set aside the ex parte order, the trial Court ought to have corrected the mistake committed by it. However, it has chosen to find fault with the petitioners. The absence of the petitioners on the first date of hearing would by no means clothe the trial Court to straightaway pass an order of temporary injunction once for all. Therefore, the civil revision petition is allowed and the order under revision is set aside. The order, dated 03.05.2010, passed in I.A.No.363 of 2010 shall be treated as the one of ad-interim injunction. The trial Court shall pass final orders in the I.A. after hearing both the parties. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 20.12.2010. kdl