Disposed

Gandikota Edukondalu and Another v. The District Collector

Andhra Pradesh HC13 Jul 2021CRP/590/2021

Case brief

AI extract

What is this about?

Hon'ble Justice D. Ramesh disposed of a Civil Revision Petition filed regarding non-disposal of an interim injunction application. The court directed the lower court to dispose of the application within three months to prevent the suit from becoming infructuous due to changed land features.

What did the court decide?

Civil Revision Petition disposed; Lower court directed to dispose of I.A. within three months; Pending miscellaneous petitions dismissed.

Gandikota Edukondalu and Another Vs The District… — Specific Performance | Andhra Pradesh HC (2021)

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CIVIL REVISION PETITION No.590 of 2021

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ORDER:-

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Present Civil Revision Petition is filed for non-disposal of I.A.No.1048 of 2019 in O.S.No.187 of 2019 on the file of the court of Principal Junior Civil Judge, Yellamkanchili.

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The petitioners are the plaintiffs, filed I.A.No.1048 of 2019 under Order XXXIX, Rule 1 r/w section 151 of Civil Procedure Code [ for short CPC] for granting temporary injunction, restraining the respondents not to change physical features of the plaint schedule properties.

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The main suit is filed for declaration of title over the plaint schedule properties, as a consequential relief for possession of the plaint schedule properties by evicting the defendants, for damages and for other reliefs. The plaint schedule properties are the lands situated in Gullipadu revenue limits belongs to the petitioners, situated to punta, which is on the northern and western side of plaint schedule lands. The said puntha will also be used as irrigation channel during rainy season, through which rain water flows from upper lands to surrounding lands. The lands in Sy.Nos.174/1A, 1B, 174/7, 8, 9A, 9B and its southern side property are purchased by the petitioners through registered sale deed dated 06-04-2011 and the land in Sy.No.174/8 is purchased in the name of the 2^nd petitioner i.e. 2^nd plaintiff, on 14-08-2018.

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The defendants 1 to 3 are the revenue officials of the plaint schedule properties and the defendants 4 to 9 are the private individuals. The defendants 5 to 7 are having lands on the northern side of the plaint schedule properties in the revenue limits of Chinadoddigallu village. So the 5^th defendant and his daughters having influencing the defendants 1 to 3 and their subordinates to form road, up to their lands by encroaching the plaint schedule properties to take their heavy vehicles like lorries, trucks etc., with the assistance of defendants 8 and 9. In fact, the punta which is being used as way in other seasons except in rainy season is about 12 feet width. Now the defendants want to widen the punta for 18 feet, by illegally encroaching the plaint schedule properties.

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In view of the said circumstances, the petitioners have issued notice under section 80(c) of C.P.C. claiming necessary relief of permanent injunction and other reliefs against the defendants 1 to 3. As the respondents/defendants are trying to change the features of the land, the petitioners have filed I.A.No.1048 of 2019 for relief ad-interim injunction against the defendants/respondents not to change the physical features of the plaint schedule properties.

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Learned counsel for the petitioners has brought to the notice of the Court that the I.A. has been adjourned number of times, i.e. from 30.08.2019 to 12.05.2021 and the said adjournments were mainly at the instance of respondents only. If the physical features of the plaint schedule properties are changed, the suit itself became

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infructuous and in view of the same, requested for early disposal of the said I.A.

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Considering the submissions made by the learned counsel for the petitioners, the Principal Junior Civil Judge, Yelamanchili is directed to consider the I.A. No.1058 of 2019 in O.S.No.187 of 2019 filed by the petitioners/plaintiffs and dispose of the same, as expeditiously as possible not later than three (03) months.

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Accordingly the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

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_______________________ JUSTICE D.RAMESH

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Date:13.07.2021

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Note : Issue C.C. in one (1) week. B/o. Pnr

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CIVIL REVISION PETITION No.590 of 2021

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Dated 13.07.2021

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Pnr

Gandikota Edukondalu and Another v. The District Collector

Case brief

What is this about?

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Gandikota Edukondalu and Another v. The District Collector

Case brief

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