Disposed

K.Chandra Reddy v. C.Sree Rama Prasad

Telangana HC17 Oct 2012CRP/5238/2012

Case brief

AI extract

What is this about?

High Court of Andhra Pradesh disposed of a civil revision petition questioning a trial court order directing police aid for implementing an injunction. The Court held the trial court was justified but directed the petitioner to approach the lower appellate court regarding pending interlocutory applications.

What did the court decide?

Civil revision petition disposed; miscellaneous applications closed; no order as to costs.

K.Chandra Reddy Vs C.Sree Rama Prasad — Contract and Commercial Disputes | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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WEDNESDAY, THE SEVENTEENTH DAY OF OCTOBER 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.5238 of 2012

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BETWEEN

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K. Chandra Reddy. AND C. Sree Rama Prasad and two others.

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... PETITIONER

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...RESPONDENTS

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Counsel for the Petitioner: MR. T.C. KRISHNAN

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Counsel for the Respondents: --NONE APPEARED-The Court made the following:

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ORDER:

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Petitioner is the first defendant in O.S.No.318 of 2009 filed by the respondent herein before the Additional Senior Civil Judge, Chittoor. The respondent appears to have obtained an order of injunction vide I.A.No.614 of 2009 on 29.08.2011. Questioning the said order, the petitioner filed CMA.No.20 of 2011 before the Additional District Judge, Chittoor along with an application I.A.No.288 of 2011 seeking stay of order of the injunction. However, the said application was being adjourned on the request of the respondent herein for filing counter and no orders are passed thereon. Meanwhile, the respondent appears to have moved the trial Court by

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I.A.No.160 of 2012 seeking police aid for implementing the orders of injunction.

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As there is no stay order from the lower appellate Court, the trial Court has directed police aid under impugned order dated 16.08.2012. Questioning the said order of the trial Court, this revision is filed.

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2. Learned counsel for the petitioner points out that para 6 of the counter affidavit filed before the trial Court wherein the petitioner has categorically stated that the defendants have never objected to the plaintiff’s use of ‘B’ schedule as passage and also state that while the appeal is pending, only to pressurise the defendants, the present application for police aid was moved.

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3. It is not in dispute that the order of injunction was passed against the petitioner as early as on 29.08.2011 and in CMA.No.20 of 2011 preferred by the defendants, their application for interim relief is not yet considered and disposed of. In the absence of any order from the lower appellate Court, the trial Court was justified in passing the order impugned. However, the same was always subject to the orders to be passed by the lower appellate Court. Petitioner, therefore, is at liberty to move the lower appellate Court where CMA.No.20 of 2011 is pending and request the lower appellate Court to hear and dispose of the interlocutory application, at least, expeditiously. If such request is made by the petitioner, there is no reason for this Court to doubt that the lower appellate Court would not consider the said request and dispose of the interlocutory application, expeditiously.

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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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October 17, 2012 DSK

K.Chandra Reddy v. C.Sree Rama Prasad

Case brief

What is this about?

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K.Chandra Reddy v. C.Sree Rama Prasad

Case brief

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