Quashed

Kondeti Chandrasekar v. Kondeti Veera Apparao

Telangana HC8 Dec 2021CRP/1204/2021

Case brief

AI extract

What is this about?

High Court set aside a summary order passed by the Magistrate disposing of an Interlocutory Application without recording reasons, violating legal principles. The matter was remanded to be decided within two months expeditiously.

What did the court decide?

The impugned order is set aside and the matter is remitted to the Court below to be disposed of afresh within two months.

Kondeti Chandrasekar Vs Kondeti Veera Apparao — Civil Procedure and Limitation | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR^{THESTATE OF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE EIGHTH DAY OF DECEMBER 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: 1204 OF 2021

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Petition under Article 227 of the Constitution of lndia, against the Order dated.28.04,2021 in LA,No.500 oI 2021 in O.S.No.493 of 2021 on the file of the Court of the Special Assistant Agent and Sub-Divisional Magistrate, Mobile Court, Bhadrachalam.

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Between:

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Kondeti Chandrasekar, S/o. Veera Apparao, Aged about 27 years, Occ.Agriculture, R/o. Charla Village, Charla Mandal, Bhadradri Kothagudem District.

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...Petitioner

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AND

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Kondeti Veera Apparao, S/o. Subba Rao, Aged about 59 years, Occ. Business, Rio. Charla Village, Charla Mandal, Bhadradri Kothagudem Diskict.

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2 Kondeti Maha Lakshmi, Wo. Veera Apparao, Aged about 53 years, Occ. Housewife, R/o. Charla Village, Charla Mandal, Bhadradri Kothagudem Drstrict

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Kondeti Ganesh, S/o. Veera Apparao, Aged about 30 years, Occ. Business, R/o.Charla Village, Charla Mandal, Bhadradri Kothagudem District. (Respondent No.3 is proforma party and not necessary to this petition)

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...Respondents

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lA NO: 1 OF 2021

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Petition under Section^'1 5'1 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to suspend the operation of orders passed in LA.No.500 ol 2021 in O.S.No.493 of 2021, dated 28,04.2021 on the file of the Special Assistant Agent and Sub-Divisional Magistrate, Mobile Court, Bhadrachalam.

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Counsel for the Petitioner: SRl. K SARATH

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Counsel for the Respondent Nos.1 and 2: SRI KONDAPARTHI SRINIVASA

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Counsel for the Respondent No3: NONE APPEARED

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The Court made the following: ORDER

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HON0TJ RABLE SIT I .I T]SI'ICE'T.VINOI) K T^] NiI A II Ct\ IL ltEVlSlON l'}El-l'ilON No.l20.l ol'202^I

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ORDI]It:

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Heard learned counsel fbr petitioner ancl learnecl counsel appearing forespondent Nos, I and 2.

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This⁽ ivil Revision Petition is filed asainst the order dt.28-04-2021 passed in I.A.No.500 of 2021 in O.S.No.493 of 2021 on the file of^-he Sub-Divisional Magistrate & Special Assistant Agent to Governrner t, Mobile Court at Bhadrachalarn.

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A peru;al of the impugned order passecl by the Court belora' indicates that the same is bereft ol rcasons and is contrary to the lau' laid down by the Supreme Court in Shiv Kumar Chadha etc., V/s. Municipal Corporation of Dclhir.

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Further it is noticed tl.rat the Court below, while passing the order allowin.,; the I.A., has also nrarked a copy of the said order to the Station Houst Officer, Cherla, for giving police protection, tbr which no applicatior is madc.

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In viev of the same, the impugned order passed by the Court below in LA.^rtro.500 of 2021 in O.S.No.493 of 2021 is set aside and the matter is^'ernitted back to the Courl below lbr being disposed of afresh.

'(1993)^{3 scc 1, I}

,.7,.

Since Interlocutory Applications, like Order 39 Rule 1 C.P.C. etc., are filed seeking interim relief pending disposal of the suit, they are to be decided at the earliest possible tine.

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As such, on remand, the Court below is directed to dispose of I.A.No.500 of 2021 in O.S.No.493 of 2021, pending on its file, as expeditiously as possible, prelerably within a period ol two⁽⁰²⁾ months from the datc of reccipt ofa copy of this order

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The Civit Revision Petition is disposed of, as above. No order as to costs.

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As a sequel, misce llaneous petitions pending, if any, shall stand

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closed.

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o.r,.rio*tt#Hkt //TRUE^COPY//

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SECTION^OFFICER

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To,

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1 The Special^{Assistant Agentand Sub-Divisional Magistrate'} Bhadrachalam 2 A;" c;^{i; ;'i} I^s? "!-l!i:i:,',?t^::J."te ro P U cr 3 One CC^{to Srl Kondaparthl} 4 Two CD^CoPies MMK

Mobile^Court'

HIGH COURT

TVKJ

DATED:0811212C21

ORDER

CRP.No.1204 c'f 2021

*;6f.---T;.
g 1E Dirls?l

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DISPOSING O: THE CIV]L REVISION PETITION

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Kondeti Chandrasekar v. Kondeti Veera Apparao

Case brief

What is this about?

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Kondeti Chandrasekar v. Kondeti Veera Apparao

Case brief

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