Disposed

Tasleem Begum v. The Tahsildar and 5 Others

Telangana HC22 Apr 2021CRP/14/2021

Case brief

AI extract

What is this about?

In a civil revision petition under Article 227, the High Court directed the Principal Junior Civil Judge at Nizamabad to expeditiously dispose of a pending interlocutory application for an ad-interim injunction under Order XXXIX of the CPC, hearing both sides by 15.07.2021.

What did the court decide?

Direction to the trial court to dispose of I.A. No. 782 of 2019 in O.S. No. 336 of 2019 by 15.07.2021 after hearing both sides.

Tasleem Begum Vs The Tahsildar and 5 Others — Property and Title | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELAN GANA AT HYDERABAD

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THURSDAY, THE TWENTY SECOND 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: 14 OF 2021

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Petition under Arlicle 227 of constitution of lndia, aggrieved by the order dated 19112119 in lA No.7B2l2019 in os No.336/2019 on the fite of the court of the principat Junior Civil Judge, Nizamabad, Nizamabad District.

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Between:

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Tasleem Begum, W/o. l,4ohammed Abdul Mukram,

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..,PETITIONERYPLAINTIFF

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AND

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The Tahsildar, Nizamabad Rural C/o. Behind Press Club, Yellamma Gutta, Nizamabad.

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The Revenue Divisional Officer, Nizamabad, Yellammagutta, Nizamabad, Nizamabad District

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The Collector, Nizamabad, Nizamabad District

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Gade Srinivas, S/o. Ramulu

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tr/ IVlahender Goud, Sio. Ganga Goud,

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Dhanpal Dattu, S/o. Jagdishwar,

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...RESPONDENTS/DEFENDANTS

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|A.NO.2 0F 2021:

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Petition under Section 151 of cPC^{praying that in the circumstances statedin the} affidavit filed therewith, the^{High Court may be pleasedto grantinjunctionrestraining} the respondent No.4 to 6^{herein pendingdisposal of the lA No.782l2019in oS} No.336/2019 dated^19112t20',1 I^{on the file of the court of Principal Juniorcivil Judge,at} Nizamabad, Nizamabad District.

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For the Petitioner : SRI^{A.JAGAN,Advocate}

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For the Respondents^:

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The Courl made the following:^ORDER

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THE HON'BLE SRI JUSTICE^{T.VINOD KUMAR}

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CIVIL REVISION PETITION^No.14of2O21

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ORDER:

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This Revision is liled under Arlicle 227 of the Constitution of India, seeking early disposal of I.A.No.782 of 2079 in O.S.No.336 of 2079 on the file of Principal Junior Civil Judge at Nizamabad, filed by the petitioner - plaintiff.

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Heard learned counsel for the petitioner and perused the record.

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Learned Counsel for the petitioner contends that the petitioner - plaintiff filed civil suit being O.S.No.336 of 2Ot9 seeking injun.ction in respect of the suit schedule property. Along with the said suit, the petitioner - piaintiff has also filed an interim application under Order XXXIX Rules I and 2 CpC numbered as I.A.No.782 of 2079 seeking ad-interim injunction, but the Court below granted status quo ti]1 filing of the counter. Learned counsel for the petitioner would further contend that the said I.A. had been filed on 19.12.2019 and the same is pending for a long time; that the respondents without fi1ing counter are interfering with the possession ol the petitioner - plaintiff, despite the petitioner is diligently pursuing the I.A. for its disposal, no orders are passed by the triai court; thus, the petitioner seeks a direction to the Court below to decide the said application as expeditiously as possible.

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4 . This Court finds force in the contention of the learned Counsel for the petitioner. Since, Interlocutory applications of the nature like the one under Order XXXIX Rule 1 and 2 of C.p.C.,

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,l_Vl{)J cRP No, j4 of Z1Zj

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1908 are filed to obtain temporary injunctlon pending the disposal of the suit and are being urgent in nature, the same need to be considered and disposed expeditiouslv.

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In view of the above, the Civil Revision petition is disposed of and the learned principal Junior Civil Judge at Nizamabad, is hereby directed to dispose of LA.No.7g2 of 2or9 in o.s.No.336 of 2019, before 15.OZ.2O2l alter hearing both sides.

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Pending miscellaneous petitions, if any, shatl stand closed in the light of this final order. No order as to costs.

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Sd/-I.NAGA LAKSHIMI ASSISTANT REGISTRAR //TRUE COPYII Cr" SECTION OFFICER

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To '1. The P^rincipal Junior Civil Judge, at Nizamabad, Nizamabad District. 2. One CC to Sri A.Jagan, Advocate (OPUC) 3. Two CD Copies Kj.

HIGH COURT

DA1.ED,'2210412021

ORDER

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CRP.No.14 of 2021

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DISPOSING OF THE CRP.

Tasleem Begum v. The Tahsildar and 5 Others

Case brief

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Tasleem Begum v. The Tahsildar and 5 Others

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