Disposed

Vadrevu Venkata Surya Vijaya Kumar v. Smt. Vadrevu Subbalakshmi

Telangana HC27 Jun 2017CRP/750/2013

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition filed under Article 227 of the Constitution of India, noting the underlying suit was dismissed for default. Despite this, the court directed the trial court to decide the suit within six months of restoration to address potential rights implications.

What did the court decide?

Trial court directed to decide the suit if restored within six months; civil revision petition disposed of.

Vadrevu Venkata Surya Vijaya Kumar Vs Smt… — Civil Procedure and Limitation | Telangana HC (2017)

¶1

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

¶2

CIVIL REVISION PETITION No.750 of 2013

¶3

ORDER:

¶4

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed challenging the order, dated 28.09.2012 passed in CMA No.48 of 2012 passed by the VII Additional District (FTC) Visakhapatnam whereunder the appellate court set aside the order dated 23.07.2012 in I.A.No.1043 of 2009 in O.S. No.966 of 2009 by the VI Additional Senior Civil Judge, Visakhapatnam.

¶5

The revision petitioner filed an application before the trial court under Rules 1 and 2 of Order XXXIX of the Code of Civil Procedure, 1908 ( for short ‘CPC’) restraining the respondents from proceeding with the constructions in the plaint schedule property.

¶6

The trial court, upon hearing argument of both the counsel, granted temporary injunction restraining the respondents from making any construction till disposal of the main suit by order dated 23.07.2012.

¶7

Aggrieved by the same the first respondent preferred appeal before the appellate court under Rule 1 of Order XLIII of CPC, the same was allowed. Challenging the same, the present revision is filed raising several contentions.

¶8

It is brought to the notice of this court that the suit was dismissed for default on 04.12.2015 there is nothing to be adjudicated by this court exercising power under Article 227 of the Constitution of India. However, the apprehension of the counsel for the respondent is that in case suit is restored, automatically the interim order will be restored then it will have its own impact on

¶9

¶10

MSM,J CRP_750_2013

¶11

the rights of the parties. If for any reason, the suit is restored, the trial court is directed to decide the suit, as expeditiously as possible, in any event not later than 6 months, from the date of such restoration, if any.

¶12

Accordingly, the civil revision petition is disposed of. No costs.

¶13

Miscellaneous Petitions, if any, pending in this revision shall stand closed.

¶14

__________________________________ M.SATYANARAYANA MURTHY,J

¶15

Date:27.06.2017 BV

Vadrevu Venkata Surya Vijaya Kumar v. Smt. Vadrevu Subbalakshmi

Case brief

What is this about?

What did the court decide?

Vadrevu Venkata Surya Vijaya Kumar v. Smt. Vadrevu Subbalakshmi

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

Case details

Similar cases

Kotha Narasimha Murthy, Vs Madem Appa Rao

Rajashree , Haritha Vs Masangari Pavani

Mrs. Sreelatha , Latha Vs Panuganti Kishore Kumar

Mylabathula Krishna Rao [Died] Vs Cheerla Buli Venkayamma [Died]

M/s. Sri Shirdin Sai Lakshmi Cotton Vs M/s. Sri Krishna Spining Mills

Mohd. Waheedulla Khan (Died) Per L.Rs Vs Syed Jameel