Allowed

Tipirisetty Koteswara Rao v. Baleboina Guravaiah

Telangana HC12 Feb 2021CRP/181/2021

Case brief

AI extract

What is this about?

In a Civil Revision Petition filed under Article 227 of the Constitution of India, the High Court directed the lower Court to dispose of an interim application filed in a civil suit seeking permanent injunction within 15 days of the order due to inordinate delay.

What did the court decide?

Directed the Principal Junior Civil Judge, Kodad to dispose of I.A.No.120 of 2020 in O.S.No.B1 of 2020 within 15 days from the date of receipt of a copy of this order.

Tipirisetty Koteswara Rao Vs Baleboina… — Civil Procedure and Limitation | 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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FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER

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CIVIL REVISION P ETITION NO: 181 0F 2021

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Petition under Article 227 ot the constitution of lndia, praying to allow the civil Revision Petition to direct the lower court to dispose of the l.A.No.120 of 2020 in o.s.No.B1of 2020 on the file of the court of the principal Junior civil Judge Kodad at the earnest as the Honble court deem fit or within 30 days from the date of the order of the Hon'ble High Court,

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Between:

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Tipirisetty Koteswara Rao, S/o. Guravarah, aged 79 years, Occupation Retd Govt. Employee, R/o. Jaggaiahpet Town and M-andal, K'rishna Distriit.

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...Petitioner/Plaintiff

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And

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Baleboina Guravaiah, S/o. Kashaiah, aged 50 years, Occupation. Agriculture, Seetharamapuram Village, Chilkur Man-dal, SuirTapet Distribt.

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,,.RespondenUDefendant

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lA NO: 1 OF 2021

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Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to direct the lower court todisposeof thel.A.No.120ol 2020ino.S.No.81 of 2020onthefileof theprincipat Junior civil Judge, at Kodad, at the earliest as this Honble court deems fit or within thirty (30) days pending disposal of the C.R.P.

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Counsel for the Petitioner: SRI P. RAGHAVENDRA RAO

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Counsel for the Respondent: NONE APPEARED

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The Court made the following: ORDER

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THE HON,BLE DT. JUSTICE SHAMEEM AKTHER

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CIVIL REVISION PE TION No.18L of 2OZL

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ORDER

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This civil revision petition under Article 227 of the Constitution of India, is filed by the petitioner/plaintlff, seeking a direction to dispose of I.A.No.120 of 2020 in O.S.No.B1 of 2020 pending on the file of Principal lunior Civil Judge, at Kodad, expeditiously

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Heard the learned counsel for the petitioner/plaintiff and perused the record. Learned counsel for the petitioner filed a memo vide USR No.8240/202I dated 77.02.2021 enclosing the postal track receipt, wherein it reveals that notice sent to respondent/defendant was served on 08.02.2021. Inspite of service of notice, there is no representation on behalf of respondent/defendant.

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The submission of the learned counsel for the petitioner is that the petitioner/plaintiff filed a suit in O.S.No.B1 of 2020 before the Principal Junior Civil Judge, Kodad, seeking perpetual injunction against the respon d e nt/defend a nt and also I.A. No.120 of 2020 seeking interim injunction. The said suit was numbered on 27.07.2020. Though notice is served on the respondent in the subject I.A. as well as the suit, the subject I.A has been kept pending and not yet finally determined. The certified copy oF docket orders filed by the petitioner before this Court, reflects the filing of suit as well as subject LA and they substantiate the submissions made on behalf of the petitioner.

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Under these circumstances, the Court below is directed to dispose of subject LA.No.120 of 2020 in O.S.No.B1 of 2020, within a period of fifteen (15) days from the date of receipt of a copy of this order.

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Accordingly, this Civil Revision Petition is allowed. No order as to costs.

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Miscellaneous petitions pending if any, shall stand closed.

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SD/- T.KRISHNA KUMAR ASSISTANT R GISTR

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//TRUE COPY// \ SECTION OFFICER

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To, 1. The Principal Junior Civil Judge Kodad, Nalgonda District. 2. One CC to Sri P. Raghavendra Rao, Advocate [OPUC] 3. Two CD Copies MMK

HIGH COURT

DRSAJ

DATED:1210212021

ORDER

1 $E
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CRP.No.181 of 2021

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ALLOWING THE CIVIL REVISION PEITION WITHOUT COSTS

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Tipirisetty Koteswara Rao v. Baleboina Guravaiah

Case brief

What is this about?

What did the court decide?

Tipirisetty Koteswara Rao v. Baleboina Guravaiah

Case brief

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