Kosinapogu Venkatamma & Anr. vs Kosinapogu Devaiah & Ors.

ORDER

“20.

Thus, keeping in view the expression of the Hon 'ble Apex Court:

a)

whenever the Courts ordered urgent notice in interlocutory applications seeking ad-interim or exparte interim injunctions, if necessary, permit the petitioners to take out notice, by way of registered post or courier service, in person as contemplated under Order 5 Rule 9 or through an advocate commissioner.

b)

Once urgent notice is ordered Court shall not adjourn the I.A. beyond fifteen days.

c)

Once notice is served on respondent/respondents, the respondent/respondents shall file counter within seven days thereafter. However, basing on the exigency the court may extend the time not more than two times; each time not more than seven days by recording reasons. In such a state of affairs the Court shall insist undertaking of the respondent and on any reasonable terms to mitigate the problem of petitioner.

d)

If the respondent/respondents, in spite of service of notice, fails to file counter, the Court in the interest of justice shall pass necessary orders till filing of the counter, keeping in view, the urgency of the matter.

e)

However, at any rate court shall not adjourn the I.A. beyond time mentioned above to file counter. If counter is not filed within the time mentioned supra, the Court can proceed to dispose of the matter with the material available on record, forfeiting the right to file counter. Courts below shall consider provisions of Order VIII Rule 10, Order XVII Rule 2 and 3 read with Sec 141 of Code of Civil Procedure.

f)

Courts shall keep in mind the time fixed under Order XXXIX Rule 3-A CPC to dispose of Injunction Applications even where urgent notice is ordered.

g)

While passing exprate orders, court shall keep in mind the material and the circumstances and pass orders judiciously strictly in accordance with law and also direct the petitioners to file affidavit or deposit security as contemplated under Order XXXIX Rule 3-A CPC (Andhra Pradesh State Amendment)

h)

Whenever an interlocutory petition is filed under Rule 109(2) of Civil Rules of Practice, Rule 57 of Civil Rules of Practice provides for advance notice. If advance notice is given as contemplated under Rule 57 of Civil Rules of Practice, the application shall be considered on the next working day ensuring intimation or notice to all opposite parties. In other cases, the advancement applications shall be disposed of within 7 days subject to service of notice petition on all the respondents.

i)

The observations made above are only illustrative and Courts shall follow the same basing on facts of each case.

j)

The guidelines referred to supra should be complied in letter and spirit by all the stake holders i.e. the bar and bench to avoid procrastination of proceedings.

k)

The Registrar (Judicial) shall communicate this order to all the presiding officers.”