AI Structured Summary
Not yet generated for this judgment
Judgment
A.V. Srinivasa Reddy, J.—Heard the Learned Counsel for both the parties.
This is a Plaintiffs'' Revision Petition filed against the order dated 8.8.2001 adjourning the case by the Civil Judge (Junior Division), Belthangady.
The grievance of the Petitioners/Plaintiffs is that though the Petitioners/Plaintiffs have filed an application under Order 39, Rules 1 and 2 along with the Plaint for an order of temporary injunction, the Trial Court has indiscriminately granted adjournments to the Defendants without passing any order on the said application - I.A. No. III for an order of temporary injunction.
On a perusal of the order sheet it was found that the Trial Court has not recorded any reason for repeatedly adjourning the case. Order 39, Rule 1 of CPC enables an aggrieved party to obtain necessary interim order to preserve and protect the property in dispute. If the Trial Court without passing any order on the application grants adjournment at the request of the opposite party without any limit, the very object for which Order 39, Rules 1 and 2 is enacted would be frustrated. It would also enable the Defendants to take advantage of not passing any orders on the interim prayer made by the Plaintiff and may frustrate filing of the suit. The Trial Court should grant time sparingly in such matters and not adjourn the case by granting indiscriminate adjournments.
Accordingly, the Civil Revision Petition is disposed of. The Trial Court is directed to hear and dispose of I.A. No. III filed by the Petitioners under Order 39, Rules 1 and 2 within FIFTEEN days from the date of receipt of this order.