Defendant sought revision against a police-aid order granted to support a temporary injunction in an injunction suit. With the CMA against the injunction pending, the court disposed of the revision, directing the defendant to seek interim relief from the District Court, Kakinada, expeditiously.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
CIVIL REVISION PETITION NO: 684 OF 2024
Petition under Article 227 of the Constitution of India, Aggrieved by the order and Decree dt 26.02.2024 passed in I.A.No.4 of 2024 in I.A.No.492 of 2023 in O.S.No.973 of 2023 on the file of the V Additional Civil Judge(Junior Division) At Kakinada.
Between:
Yenugupalli Krishna, S/o Venkata Ramana, Aged 44 years,R/o.D:No. 2-17D-12, Shanti Nagar, Kakinada, East Godavari District,AP.
...Petitioner/Respondent/ Defendant in I.A No.4 of 2024
AND
Seekoti Appalakonda, S/o Late Verraju, Aged about 58 years. Business R/o D.N0.3-16C-18, Shanthi Nagar, Kakinada, East Godavari District, AP.
...Respondent/Petitioner/ Plaintiff in I.A No.4 of 2024
lA NO: 1 OF 2024
Petition under Section 151 of CPC praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased to suspend the order dated 26.12.2023 in I.A.No.04/2024 in I.A.No.492/2023 in O.S.No.973/2023 pending disposal of the present Civil Revision Petition.
Counsel for the Petitioner: Sri. Jada Sravan Kumar
Counsel for the Respondent: None Appeared
The Court made the following Order:
APHC010150842024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3233]
(Special Original Jurisdiction)
THURSDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
CIVIL REVISION PETITION NO: 684/2024
Between:
Yenugupalli Krishna
...PETITIONER
AND
Seekoti Appalakonda
...RESPONDENT
Counsel for the Petitioner:
Counsel for the Respondent:
The Court made the following Order:
Heard the learned counsel for the petitioner.
- This Civil Revision Petition is filed against the order passed in
l.A.No.4 of 2024 in l.A.No.492 of 2023 in O.S.No.973 of 2023 on the file of V Additional Civil Judge (Junior Division)atKakinada,dated 26.02.2024.
- The learned counsel for the petitioner submits that the petitioner is the defendant in the suit and the respondent herein is the plaintiff
in the suit. The suit is filed for Injunction. The Trial Court granted the Temporary Injunction orders against the defendant/petitioner herein in the said suit.
- In the meanwhile, the respondent filed I.A.No.4 of 2024 i __n I.A.No.492 of 2023 in O.S.No.973 of 2023 on the file of V Additional Civil Judge (Junior Division) at Kakinada, for granting the police aid and the same was granted by the trial Court vide order dated 26.02.2024, against which the present Civil Revision Petition is filed. 6. Even according to the learned counsel for the petitioner, the above said C.M.A.No.l of 2024 is pending against the grant of Temporary Injunction by the Trial Court at the instance of the petitioner herein before the District Court, Kakinada. The police aid application is only a consequential application in support of the grant of order of Temporary Injunction. In the absence of vacation of the Temporary Injunction Orders the police aid application cannot be gone into by this Court for consideration of the same on merits.
- In view of the same, the petitioner is permitted to approach the District Court, Kakinada to pursue the C.M.A.No.l of 2024 by filing necessary interim applications, if any, bringing ittothenoticeofthe
J
3
said Court about the grant of police aid also by the trial Court subsequently vide order dated 26.02.2024 and appropriatereliefs can be sought by the petitioner before the said lower appellate Courtinthe above said C.M.A.No.l of 2024. The District Court, Kakinada ISi: directed to consider the interim applications filed by the petitioner/appellant before it as expeditiously as possible strictly on its own merits giving due opportunity to all the partiesconcerned.
As a sequel. Miscellaneous Petitions pending, if any,shallstand closed.
SOI- K TATA RAO DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
SAM
sree
HIGH COURT
DATED:28/03/2024
ORDER
CRP.No.684 of 2024
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DISPOSING OF THE C.R.P. WITHOUT COSTS
1 issue framed by the court
Whether the police aid application granted in support of a temporary injunction can be considered while the CMA against the injunction is pending.
2 provisions across 2 enactments
Yenugupalli Krishna
Seekoti Appalakonda
B. Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
