This civil revision petition was dismissed while granting the petitioner liberty to file an appropriate application or appeal before the lower appellate court within two weeks for spot inspection and inventory preparation.
CRP dismissed with liberty to the defendant to file application/appeal before lower appellate court within two weeks.
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HONOURABLE SRI JUSTICE G.CHANDRAIAH
Dated 1-4-2010
C.R.P.No.5881 of 2009
Between:
B.Vikram Reddy. And: B.Pramod Kumar Reddy.
…Petitioner.
…..Respondent.
HONOURABLE SRI JUSTICE G.CHANDRAIAH
C.R.P.No.5881 of 2009
ORDER:
This C.R.P. is filed by the petitioner against the order dated 13th October, 2009 passed in I.A.No.324 of 2009 in I.A.No.215 of 2009 in O.S.No.24 of 2009 by the learned Senior Civil Judge, at Bodhan.
Petitioner herein is the defendant and respondent herein is the plaintiff. The status of the parties will herein after be referred to as arrayed before the Court below for the sake of convenience.
Originally, the plaintiff has filed the suit in O.S.No.24 of 2009 before the Court below seeking decree of perpetual injunction restraining the defendant from interfering with the possession of the plaintiff over the suit schedule property and the Court below granted exparte injunction in an application filed by the plaintiff in I.A.No.215 of 2009 in O.S.No.24 of 2009 seeking to grant ad-interim injunction restraining the defendant and his men and others from interfering with the peaceful possession and enjoyment of the schedule property. Consequently, the defendant filed his counter disputing the averments of the petition filed by the plaintiff and the Court
below dismissed the said application. While so, consequent to the dismissal of the application in I.A.No.215 of 2009 in O.S.No.24 of 2009, the defendant filed an application in I.A.No.324 of 2009 in I.A.No.215 of 2009 in O.S.No.24 of 2009 seeking to appoint a Commissioner for making spot inspection and also for preparing the list of inventory in the suit schedule premises by breaking open the lock under panchanama. The Court below having observed that the machinery lying within the premises in question is not the subject matter of the present suit and that there is no necessity to make any inventory of the stock still lying within the premises in question, dismissed the application. Aggrieved by the same, the present Revision has been preferred by the defendant.
Heard the learned counsel and perused the material available on record.
It is submitted by both the learned counsel that in view of the dismissal of the application filed by the defendant before the Court below in I.A.No.215 of 2009 in O.S.No.24 of 2009 seeking to grant ad-interim injunction restraining the defendant, his men and others from interfering with the peaceful possession and enjoyment of the schedule premises, the defendant preferred an appeal in C.M.A.No.18 of 2009 before the learned VIII Additional District Court at Nizamabad which is still pending and in that view of the matter, this Civil Revision Petition may disposed of giving liberty to the defendant to make an appropriate application before the learned VIII Additional District Court at Nizamabad for making spot inspection and also for preparing the list of inventory in the suit schedule premises in question.
In view of the submissions made by both the learned counsel and in view of the facts and circumstances of the case, without going into the merits of the case, the C.R.P. is dismissed giving liberty to the defendant to make an appropriate application/appeal within two weeks from the date of receipt of a copy of this order before the lower appellate Court. In case, such an application is
filed, the same shall be disposed of within a period of four weeks thereafter. No costs.
__________________________ JUSTICE G.CHANDRAIAH Dated 01-04-2010.
Note: Issue CC in one week. BO. Dvs
HONOURABLE SRI JUSTICE G.CHANDRAIAH
C.R.P.No.5881 of 2009
Dated 1-4-2010
B. Vikram Reddy
B. Pramod Kumar Reddy
G. CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
