Allowed

Vadla Ravi and Another v. The Kamareddy College Education Society and 5 Others

Telangana HC7 Apr 2021CRP/1199/2020

Case brief

AI extract

What is this about?

The High Court allowed a Civil Revision petition under Article 227 challenging non-disposal of an interlocutory application for temporary injunction pending for over three years. The Court directed the trial court to decide the application within four weeks.

What did the court decide?

The IX Additional District Judge at Kamareddy directed to dispose of I.A. No. 47 of 2018 in O.S. No. 1 of 2018 within four weeks after hearing both sides.

Vadla Ravi and Another Vs The Kamareddy College… — Property and Title | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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WEDNESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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CIVIL REVISION PETITION NO:1199 OF 2O2O

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Petition under Article 227 of lhe Constitution of lndia, aggrieved by the Non Disposal of the lnterlocutory Application^(lA) No. 47 of 2018 in OS No. 01 of 2018 on the file of the Court of the lX Additional District Judge, at^Kamareddy, Kamareddy District.

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Between:

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Vadla Ravi, S/o. Late Narahari, Aged about 50^years, Occ.^{Carpenter, R/o. H-No.} 2-10-1411, Badai Gally, Kamareddy Town and District, Erstwhile^Nizamabad District.

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Vadla Prabhakar, S/o. Late Gangaiah, Aged about^{60 years, Occ.Carpenter,} Fl/o. H-No. 2-10-19, Badai Gally, Kamareddy Town and^{District,Erstwhile} Nizamabad District. ...Petitioners/Respondents/Defendants 5 and⁶

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AND

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The Kamareddy College Education Society, Kamareddy,^{represented by its} Authorized Member Sii. G.Ramchandra Reddy,^{S/o. Balreddy, Aged 75 years,} Occ. Advocate, Rl/o. H-No. 5-5-103, Vivekanada Colony,^{Kamareddy Town and} District' Erstwhile Nizamabad District'

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...Respondenupetitioner/praintiff

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The District Collector, Kamareddy District.

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The JoinUAdditional Collector, Kamareddy District.

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The Tahsildar, Kamareddy, Kamareddy District.

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...Respondents/Respondents/Defendants'l^{to 3}

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Vadla Laxmaiah, S/o. Late Lingaiah, Aged about 77^{yearc,Occ. Carpenter,R/o.} H-No. 2-10-38/1 , Badai Gally, Kamareddy Town and District,^Erstwhile Nizamabad District.

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Vadla Chinna Narsimlu, S/o. Late Narayana,^{Aged about 60 years,Occ.} Carpenter, R/o. H-No. 2-9-28, Badai Gally, Kamareddy^{Town and District,} Ersiwhile Nizamabad District.^{(RR 2} to 6^{not necessary in this CRP)} ...Respondents/Respondents/Defendants 4 and⁷

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lA NO: 1 OF 2020

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Petition under Section 151 CPC^{prayingthat in the circumstancesstated in} the affidavit filed therewith, the High Court^{may be pleased to direct the courtbelow} to dispose of the interlocutory application being^{l.A No. 47 of 2018 in O.S. No. I of} 2018 on the file of lX Additional District Judge,^{Kamareddy, Kamareddy Districtat} the earliest.

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Counsel for the Petitioners: SRI BONDEMPALLY^RAMULU

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Counsel for the Respondents: NONE^APPEARED

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The Court made the following: ORDER

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THE HON'BLE SRI ]USTICE T.VINOD KUMAR

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CIVIL REVISION PETITION No.1199 of 2020

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ORDER:

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This Revision is filed under Arlicle 227 oF the Constitution of India, seeking early disposal of LA,No.47 of 2018 in O.S.No.1 of 2018 on the file of IX Additional District Judge at Kamareddy, Kamareddy District, filed by the 1st respondent - plaintiff.

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Heard learned counsel for the petitioners and perused the record. Learned counsel for the petitioners contend the 1't respondent filed civil suit being O.S.No.1 of 2018 seeking declaration of title and perpetual injunction in respect of the suit schedule propety; along with the said suit, the 1st respondent - plaintiff has also filed an i.A.No.47 of 2018 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking temporary injunction restraining the present petitioners - defendants in the suit, from interfering with the possession of the 1* respondent - plaintiff.

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Learned counsel for the petitioners would further contend that the said I.A. had been filed on 19.01.2018 and the same is pending for more than three years now; that the 1$ respondent-plaintiff without diligently pursuing the I.A. for its disposal, is interfering with the possession of the petitioners - defendants, though no orders are passed by the trial court in their favour; thus, the petitioners seek a direction to the Court below to decide the said application as expeditiously as possible.

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This Cout finds force rn the contention of the learned counsel for the petitioners. Since, Interlocutory applications of the nature like the one under Order XXXIX Rule 1 and 2 of C.P.C., 1908 are flled to obtain temporary injunction pending the disposal of the suit and are being urgent

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TVK,,] CRP No.1 t 99 of 2o2O

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in nature the same need to be considered and disposed expeditiously. If the petitioner filing such apprication does not take steps to have the said application disposed at the earliest, that would only go to show that ground urged for filing such application does not exist. Coming to the facts of the present case, despite more than three years having passed by since the filing of the I.A. No. 47 of 2018, the same remains pending on the file of the trial court without being adjudicated.

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In view of the above, the civil revision petition is allowed and the learned IX Additional District ludge at Kamareddy, Kamareddy District, is hereby directed to dispose of I.A.No.47 of 2018 in O.S.No.1 of 2018, within a period of four (4) weeks from the date of receipt of this order, after hearing both sides.

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Pending miscellaneous petitions, if any, shall stand closed in the

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light of this final order. No order as to costs.

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Sd/. I.NAGA LAKSHMI ASSISTANT REGISTRAR //TRUE COPY// Ci'

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To,

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SECTION OFFICER

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The lX Additional District Judge, at Kamareddy, Kamareddy District (By Speed Post)

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One CC to Sri Bondempally Ramulu, Advocate tOpUCl 3. Two CD Copies MMK

HIGH COURT

DATED:}710412021

ORDER

CRP.No.1199 ot 2020

ALLOWING THE CIVIL REVISION^PETITION

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Vadla Ravi and Another v. The Kamareddy College Education Society and 5 Others

Case brief

What is this about?

What did the court decide?

Vadla Ravi and Another v. The Kamareddy College Education Society and 5 Others

Case brief

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What did the court decide?

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