Disposed

Smt. Madakam Padma , Padmaja, v. Munige Suresh Bhargav

Telangana HC21 Feb 2013CRP/3262/2010

Case brief

AI extract

What is this about?

The Court addressed a civil revision petition regarding a temporary injunction. Since the underlying suits were transferred and clubbed, the Court set aside the pending injunction order pending disposal on merits by the competent court and dismissed related miscellaneous petitions.

What did the court decide?

The order dated 16.07.2010 in I.A.No.14 of 2010 in O.S.No.35 of 2010 was set aside. CRP MP Nos.4325 and 4789 of 2010 were dismissed.

Smt. Madakam Padma , Padmaja, Vs Munige Suresh Bhargav — Property and Title | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.3262 of 2010

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DATED: 21.02.2013

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Between: Smt.Madakam Padma @ Padmaja And

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... Petitioner/Defendant

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Munige Suresh Bhargav … Respondent/Plaintiff

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The Court made the following:

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HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.3262 of 2010

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ORDER:

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The defendant in O.S.No.35 of 2010 on the file of the Sub-

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Divisional Magistrate (Mobile Court), Bhadrachalam, is the petitioner. By order dated 19.07.2010 passed in I.A.No.14 of 2010 in O.S.No.35 of 2010, the Court below granted a temporary injunction restraining the petitioner herein from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule house property. The suit schedule comprised an extent of Ac.10.13 1/3 cents situated in R.S.Nos.164 and 165 of Cherla village and mandal, Khammam District.

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2. The case of the petitioner before this Court is that this suit schedule property was the subject matter of O.S.No.98 of 2006 on the file of the Agent to the Government, Khammam, which was filed by the very same plaintiff and having failed to obtain an interim injunction therein, he filed the subsequent suit before the Sub-Divisional Magistrate (Mobile Court), Bhadrachalam and obtained an order. Taking note of these facts, this Court, by order dated 28.07.2010, granted interim suspension of the injunction order dated 19.07.2010 passed in O.S.No.35 of 2010 for a period of four (4) weeks. The suspension was thereafter extended until further orders by order dated 24.08.2010.

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3. Sri Mummaneni Srinivasarao, learned counsel for the petitioner, stated that his client thereafter filed Transfer C.M.P.No.374 of 2010 before this Court seeking transfer of O.S.No.35 of 2010 from the file of the Sub-Divisional Magistrate (Mobile Court), Bhadrachalam, to the file of the Agent to the Government, Khammam, before whom O.S.No.98 of 2006 is pending. He placed before this Court a copy of the order dated

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02-11-2010 passed in Transfer C.M.P.No.374 of 2010 directing the withdrawal of O.S.No.35 of 2010 from the file of the SubDivisional Magistrate (Mobile Court), Bhadrachalam and transfer of the same to the file of the Agent to the Government, Khammam, to be tried along with O.S.No.98 of 2006.

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4. In the light of the above facts, as both the suits have now been clubbed together, it would be appropriate that the Agent to the Government, Khammam, dispose of the suits on merits expeditiously. As the injunction order granted by the SubDivisional Magistrate (Mobile Court), Bhadrachalam, in I.A.No.14 of 2010 in O.S.No.35 of 2010 has not been given effect to since the very inception, owing to the suspension orders passed by this Court, this Court is not inclined to vacate the same at this stage. The order dated 16-07-2010 passed by the Sub-Divisional Magistrate (Mobile Court), Bhadrachalam, in I.A.No.14 of 2010 in O.S.No.35 of 2010 is accordingly set aside. The Agent to the Government, Khammam shall endeavour to dispose of the suits on merits and in accordance with law expeditiously.

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5. The civil revision petition is disposed of with the above directions. CRP MP Nos.4325 and 4789 of 2010 shall stand dismissed in the light of this final order. No costs.

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_________________ SANJAY KUMAR, J

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Date: 21^st February, 2013 Pab/Bss

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HON’BLE SRI JUSTICE SANJAY KUMAR

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CIVIL REVISION PETITION No.3262 of 2010

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21^st February, 2013

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Pab/Bss

Smt. Madakam Padma , Padmaja, v. Munige Suresh Bhargav

Case brief

What is this about?

What did the court decide?

Smt. Madakam Padma , Padmaja, v. Munige Suresh Bhargav

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

Coram

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