Allowed

C.Vijaya Rama Rao v. Mohammed Abdul Hammed

Telangana HC12 Jan 2011RTP/27/2011

Case brief

AI extract

What is this about?

The High Court received a preferring suit and a miscellaneous petition under Order 39 CPC. It granted an ad-interim injunction restraining the respondent from interfering with the plaintiff's possession of the scheduled property pending further orders before transmitting the suit to the subordinate judge.

What did the court decide?

Ad-interim injunction restraining respondent from interfering with petitioner's possession of scheduled property and transmission of suit papers to the Junior Civil Judge.

C.Vijaya Rama Rao Vs Mohammed Abdul Hammed — Property and Title | Telangana HC (2011)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

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AT HYDERABAD

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WEDNESDAY THE TWELFTH DAY OF JANUARY

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TWO THOUSAND AND ELEVEN

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: PRESENT:

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THE HON’BLE SRI JUSTICE: G.V. SEETHAPATHY

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RECEIVE & TRANSMIT PETITION No. 27 of 2011

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AND

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RECEIVE & TRANSMIT MISCLANEOUS PETITION NO. 28 OF 2011

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Between:

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C. Vijaya Rama Rao, S/o. C. Narayana Rao, Occ: Business, R/o. H. No. 4-2-110/3, V.V.H.S. Road, Tandur, Ranga Reddy District.

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. (Petitioner in R&T.P No. 27 and R & TMP.

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No. 28 of 2011)

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(Plaintiff in O.S (SR). No. 231 of 2011

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Sought to be received in the High Court, sought to be presented to the Junior Civil Judge, Tandur, R.R. District,)

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AND

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Mohammed Abdul Hameed, S/o. Mohammed Ali, Occ: Business, R/o. H. No. 2- 13/1, Dharoor Village and Mandal, presently residing at Saipur Tandur, Ranga Reddy District.

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Respondent in R&T. P. No. 27 and

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R & T. MP No. 28 of 2011)

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Defendant in –do-

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R&T. Petition No. 27 of 2011

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Petition under Section 33 of A.P. Civil Courts Act, praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to receive and transmit the suit to the Court of Junior Civil Judge at Tandur, R.R. District after passing necessary interim orders;

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R & T.M.P. No. 28 of 2011

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Petition under Order 39 Rule 1 & 2 of C.P.C., praying that in the

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circumstances stated in the affidavit filed herein the High Court may be pleased to grant ad-interim injunction restraining the respondent, his agents workmen etc., from interfering with suit schedule property bearing Sy. No. 250/1, admeasuring Ac. 1.05 guntas situated at Chengole Village, Tandur Mandal, Ranga Reddy District bounded by North: Agriculture land of Saroj Somani and Suraj Somani, South: Agriculture land of G. Laxmappa, East: Land of V. Chincholli Road, West: Agriculture land of Ananthappa;

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These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Sri Shiva Shanker Choudhary, Advocate for the Petitioner in both the petitions;

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IT IS ORDERED AS FOLLOWS:

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1. That the papers bearing O.S.(SR) No. 231 of 2011, sought to be preferred before the Court of the Junior Civil Judge, Tandur, R.R. District, be received in the High Court;

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2. That the Court ordered as follows:

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“Heard the learned counsel for the petitioner. Perused the record.

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In view of the prima facie case and balance of convenience pertaining in favour of the petitioner, there shall be ad-interim injunction restraining the respondent-defendant from interfering with the petitioner-plaintiff’s possession and enjoyment of the plaint schedule property until further orders”.

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3. That the aforesaid papers bearing O.S. (Sr) No. 231 of 2011 sought to be presented before the Court of the Junior Civil Judge, Tandur, R.R. District, be transmitted to the said Court of the Junior Civil Judge, Tandur, R.R. District

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ASSISTATNT REGISTRAR

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// TRUE COPY //

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FOR ASSISTANT REGISTRAR

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..2..

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1. The District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad (in duplicate along with a copy of injunction to serve on the sole respondent and the return the same to the court of Junior Civil Judge, Tandur, R.R. District)

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2. The Junior Civil Judge, Tandur, R.R. District (BY RPAD Along with all material papers relating to O.S. (SR). No. 231 of 2011)

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3. Mohammed Abdul Hameed, S/o. Mohammed Ali, Occ: Business, R/o. H. No. 2-13/1, Dharoor Village and Mandal, presently residing at Saipur Tandur, Ranga Reddy District. (By RPAD)

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4. The Section Officer, Judicial Section, High Court of A.P., Hyderabad.

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5. One CC to Sri Shiva Shanker Choudhary, Advocate (OPUC)

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6. One spare copy.

Ksv

HIGH COURT

Ksv

Date of drafting: 17-01-2011

GVSJ

DATE: 12-01-2011

ORDER

R&TMP. NO. 28 OF 2011

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AND

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R&T P. No. 27 of 2011

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INTERIM INJUNCTION

C.Vijaya Rama Rao v. Mohammed Abdul Hammed

Case brief

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What did the court decide?

C.Vijaya Rama Rao v. Mohammed Abdul Hammed

Case brief

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