Dismissed

Sandrana Krishnarao v. Sagi Venkata Subbarajju

Andhra Pradesh HC3 Dec 2021CRP/594/2021

Case brief

AI extract

What is this about?

The High Court dismissed the civil revision petition filed against an order of the Additional District Judge, which remanded a property dispute suit for localization. The Court affirmed the remand order but directed the lower court to dispose of the injunction application within two months.

What did the court decide?

The civil revision petition is dismissed; the order of the Additional District Judge is affirmed; the respondent lower court is directed to dispose of the temporary injunction application within two m

Sandrana Krishnarao Vs Sagi Venkata Subbarajju — Property and Title | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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C.R.P.No.594 of 2021

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ORDER:

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The petitioner had filed O.S.No.389 of 2019 before the Junior Civil Judge, Gajuwaka, Visakhapatnam District, for an injunction restraining the respondents herein from interfering with the possession of the petitioner over the suit schedule property. An application bearing I.A.No.1481 of 2019 was also filed for a temporary injunction restraining the respondents till the disposal of the suit. This application was disposed of by the Junior Civil Judge, Gajuwaka on 07.02.2020 by granting an order of status quo. This order appears to have been passed as both sides claimed the same property while disputing the survey number in which the property was located.

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Aggrieved by the said order, the petitioner had approached the XIII Additional District Judge, Visakhapatnam, at Gajuwaka by way of C.M.A.No.2 of 2020. This appeal was disposed of by an order dated 22.03.2021 setting aside the order of Junior Civil Judge, Gajuwaka and remanding the matter to the trial Court for fresh disposal, after giving an opportunity to the petitioner to localise the petition schedule property on land with reference to his documents and the documents of the respondents. Aggrieved by the said order, the present revision petition has been filed.

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Heard Sri V.V. Satish, learned counsel appearing for the petitioner and Sir N. Siva Reddy, learned counsel appearing for the respondents.

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A perusal of the orders and the material placed before this Court would show that there is a serious dispute as to the location of the property and the said issue can only be resolved by localisation of the

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RRR,J 2 C.R.P.No.594 of 2021

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property, after taking into account the documents and title available with the petitioner and the documents and title available with the respondents.

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In the circumstances, I do not find any reason to interfere with the order of the XIII Additional District Judge, Visakhapatnam in C.M.A.No.2 of 2020. Accordingly, this civil revision petition is dismissed and the order of the XIII Additional District Judge is affirmed.

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However, in view of the dispute between the parties and the submissions of Sri V.V. Satish, learned counsel appearing for the petitioner that the respondents are claiming that they are constructing structures on the property, it would be appropriate to direct the Junior Civil Judge, Gajuwaka to dispose of I.A.No.1481 of 2019 as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

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_________________________ R. RAGHUNANDAN RAO, J.

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3^rd December, 2021 Note: Issue C.C. by Tuesday (B/o) Js.

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RRR,J 3 C.R.P.No.594 of 2021

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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C.R.P.No.594 of 2021

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3^rd December, 2021

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Js.

Sandrana Krishnarao v. Sagi Venkata Subbarajju

Case brief

What is this about?

What did the court decide?

Sandrana Krishnarao v. Sagi Venkata Subbarajju

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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