Remanded

Rallabai Chandrappa v. C Narsimlu

Telangana HC1 Jul 2013CRP/1963/2013

Case brief

AI extract

What is this about?

This court set aside a stay order passed by a Senior Civil Judge in the absence of reasons and remanded the matter for a reasoned decision within three weeks, while suspending the stay previously granted by the same court.

What did the court decide?

The order of the Senior Civil Judge staying the injunction is set aside and the matter remanded to him for hearing and disposal by a reasoned order within three weeks.

Rallabai Chandrappa Vs C Narsimlu — Civil Procedure and Limitation | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No.1963 of 2013 Dated 01-07-2013

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Between: Rallabai Chandrappa.

…Petitioner.

And:

C.Narsimlu.

Respondent.

THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No.1963 of 2013

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O R D E R :

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Petitioner herein filed this revision challenging the order passed in I.A.No.85 of 2013 in C.M.A.No.1 of 2013 on the file of the Senior Civil Judge, Narayanpet.

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2. Petitioner herein is the plaintiff in the original suit. He filed I.A.No.353 of 2012 in O.S.No.60 of 2012 on the file of the Junior Civil Judge, Kodangal seeking interim injunction.

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3. The Junior Civil Judge, Kodangal by his orders dated 18-3-2013 allowed the said I.A. granting interim injunction restraining the respondent and his servants etc., from interfering with the possession of the petitioner over the suit land. Challenging the same, the respondent herein filed C.M.A.No.1 of 2013 and also I.A.No.85 of 2013 seeking interim stay of the order of interim injunction. The learned Senior Civil Judge, Narayanpet passed interim stay as prayed in the said I.A. till 10-6-2013 Challenging the said order, this revision has been filed.

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4. The only contention of the learned counsel for the petitioner is that the learned Senior Civil Judge,

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Narayanpet, without assigning any reasons stayed the operation of the order which was passed on merits by the learned Junior Civil Judge, Kodangal.

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5. Learned counsel for the respondent has submitted that the learned Senior Civil Judge, Narayanpet passed orders on 22-3-2013 but the petitioner filed this revision on 23-4-2013 and the petitioner ought to have approached the Senior Civil Judge, for vacating or modifying the interim stay order. It is further submitted that on 29-4-2013, this Court granted interim suspension as prayed for in the petition,

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6. The only point that arises for consideration is whether the impugned order is sustainable.

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7. POINT:

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It is not necessary to discuss the facts of this case and the contentions raised by both the learned counsel: Suffice to say that every order should be supported by reasons. It is clear that the learned Junior Civil Judge has assigned reasons for granting injunction order in favour of the petitioner. The Senior Civil Judge, Narayanpet, without assigning any reasons stayed the orders passed by the learned Junior Civil Judge, Kodangal, only till 10-62013. Meanwhile that order has been suspended by this Court on 29-4-2013.

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8. Hence, in the above circumstances, the order of the learned Senior Civil Judge is set aside and the matter is remanded to the Senior Civil Judge, Narayanpet for hearing both the parties and to dispose of C.M.A.No.1 of 2013 by a reasoned order, within a period of three weeks from the date of receipt of a copy of this order and further, the parties are directed to co-operate with the Senior Civil Judge, Narayanpet; if any party does not cooperate with the Senior Civil Judge, Narayanpet, the

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Senior Civil Judge may pass interim orders in the meanwhile.

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9. Accordingly, this Civil Revision Petition is disposed of. No costs.

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10. As a sequel to the disposal of this revision, the Miscellaneous Petitions, if any, pending, shall stand dismissed.

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B.CHANDRA

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KUMAR, J. Dated 01-07-2013. Note: Issue C.C. in two days. BO. Dvs.

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HONOURABLE SRI JUSTICE B.CHANDRA KUMAR

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CIVIL REVISION PETITION No.1963 of 2013 Dated 01-07-2013

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Dvs

Rallabai Chandrappa v. C Narsimlu

Case brief

What is this about?

What did the court decide?

Rallabai Chandrappa v. C Narsimlu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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