Disposed

Gundam Bali Reddy, v. Gundam Lakshmi Devamma

Telangana HC8 Nov 2012CRP/242/2012

Case brief

AI extract

What is this about?

In this civil revision petition, the Andhra Pradesh High Court found that the lower court was required to pass final orders on an interim injunction application (I.A.No.395 of 2011) after receiving a counter affidavit. Consequently, the Court directed the lower court to decide that application first, subject to which it would reconsider the subsequent interim application (I.A.No.539 of 2011), and

What did the court decide?

The civil revision petition was disposed of. The lower court was directed to pass final orders on I.A.No.395 of 2011 and reconsider I.A.No.539 of 2011 thereafter. Miscellaneous applications were close

Gundam Bali Reddy, Vs Gundam Lakshmi Devamma — Specific Performance | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWELVE

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PRESENT

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THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

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CIVIL REVISION PETITION No.242 of 2012

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BETWEEN

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Gundam Bali Reddy and two others.

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... PETITIONERS

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AND

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Gundam Lakshmi Devamma.

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...RESPONDENT

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Counsel for the Petitioners: MR. SRINIVAS EMANI Counsel for the Respondent: MR. A. MUNEENDHAR REDDY The Court made the following:

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ORDER:

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This revision is by the defendants in O.S.No.100 of 2011 on the file of the Junior Civil Judge, Koilkuntla.

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2. The respondent/plaintiff filed the aforesaid suit for permanent injunction and he was granted ad interim injunction in I.A.No.395 of 2011 on 05.09.2011. It appears that the petitioners herein have contested the said suit and the injunction application and have already filed counter affidavit as well as the written statement in the second week December 2011 itself. It appears that the respondent herein filed I.A.No.539 of 2011 seeking direction that police be directed to aid the plaintiff in implementing the ad interim

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injunction granted by the Court. The said application, on contest, has been allowed by the Court below under impugned order dated 05.01.2012. Aggrieved thereby, the defendants preferred this revision.

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3. This Court while issuing notice before admission on 25.01.2012 granted interim stay of the impugned order for four weeks and the said order was later extended by further order dated 27.02.2012 up to 05.03.2012 but thereafter, the interim stay was not extended.

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4. Heard learned counsel on either side.

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5. While the correctness of the order impugned is the subject matter of this revision, the fact remains that the ad interim injunction earlier granted in I.A.No.395 of 2011 is required to be considered by the Court below by passing final orders in the said IA, as the petitioners herein have already filed counter affidavit. Since the Court below is required to hear and determine I.A.No.395 of 2011 finally,

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it is not necessary to adjudicate upon the correctness or otherwise of the order impugned and in my view, in the interest of justice, it would be just and appropriate to direct the Court below to hear and decide I.A.No.395 of 2011 by passing final orders thereon and subject to the orders passed thereon, shall reconsider I.A.No.539 of 2011, which would depend upon the final orders to be passed by the Court below.

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The civil revision petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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_____________________ VILAS V. AFZULPURKAR, J

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November 8, 2012 DSK

Gundam Bali Reddy, v. Gundam Lakshmi Devamma

Case brief

What is this about?

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Gundam Bali Reddy, v. Gundam Lakshmi Devamma

Case brief

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