Disposed

Koredi Pedda Narsaiah v. Dhanpal Dattadri

Telangana HC20 Nov 2014CRP/4048/2014

Case brief

AI extract

What is this about?

This Court dismissed a Civil Revision Petition challenging the dismissal of an injunction application. The revisionist argued non-application of Section 10 of the CPC due to a prior suit on the same property. The Court found the dismissal was not erroneous commuted that the petitioner failed to place the prior plaint before the lower court. However, liberty was granted to seek suit clubbing.

What did the court decide?

Liberty granted to the revision petitioner to move an application for clubbing of the two suits for joint trial.

Koredi Pedda Narsaiah Vs Dhanpal Dattadri — Property and Title | Telangana HC (2014)

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HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

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CIVIL REVISION PETITION No.4048 OF 2014

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O R D E R:

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This Civil Revision Petition is filed by the revision petitioner, who is 1^st defendant in O.S.No.52 of 2012, aggrieved by the Order dated 02.09.2014 in I.A.No.341 of 2012 in O.S.No.52 of 2012, passed by the learned Principal Junior Civil Judge, Nizamabad.

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2) It is the case of the revision petitioner that he had filed O.S.No.84 of 2009 on the file of learned Senior Civil Judge Court, Nizamabad, with respect to the property in Sy.Nos.872/AA, 874, 876 and 875 situated at Khanapur Village Shivar, Nizamabad District against the respondent Nos.1 and 2 apart from the Tahasildar, Nizamabad and the Revenue Divisional Officer, Nizamabad. While so, with respect to the same survey numbers respondent Nos.1 and 2, who are defendants in O.S.No.84 of 2009 had filed O.S.No.52 of 2012 on the file of learned Principal Junior Civil Judge, Nizamabad. The subject matter in both the suits is one and the same, wherein each of the party is claiming injunction against each other. The learned Judge without appreciating these aspects and without considering the fact that O.S.No.84 of 2007 was much earlier in point of time, failed to exercise the powers under Section 10 of the Code of Civil Procedure and failed to stay the proceedings in O.S.No.52 of 2012.

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3) Learned counsel for the revision petitioner also brings to the notice of the Court that the copies filed in both O.S.No.84 of 2009 and O.S.No.52 of 2012. A perusal of the order would go to

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show that I.A.No.341 of 2012 in O.S.No.52 of 2012 came to be dismissed mainly on the ground that the petitioners had failed to place before the Court a copy of the plaint in O.S. No.84 of 2009. The failure to place the copy of plaint before the Court is fatal, inasmuch as the Court could not have come to the conclusion that both the suits related to the same property and the cause of action and the issues to be tried in both suits are one and the same. In that view of the matter, it cannot be said that the Order of the Court below is erroneous which requires interference of this Court.

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4) However, liberty is given to the revision petitionerplaintiff in O.S.No.84 of 2009 to move an application before the appropriate Court for clubbing of both the suits for joint trial, as essentially the dispute in relation to same property, which is discernible from the copies of the plaints filed before me.

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5) With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall also stand closed.

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----------------------------------CHALLA KODANDA RAM, J

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Dated:20.11.2014. Ssv

Koredi Pedda Narsaiah v. Dhanpal Dattadri

Case brief

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Koredi Pedda Narsaiah v. Dhanpal Dattadri

Case brief

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What the court decided

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