Disposed

ThotaAnasurya v. Gandesri Ramesh

Telangana HC19 Apr 2021CRP/276/2020

Case brief

AI extract

What is this about?

The High Court disposed of a civil revision petition seeking review of a lower court's decision to issue only urgent notices without a permanent injunction. The High Court issued the same discharge of its own motion, instructing the lower court to decide on merits.

What did the court decide?

The Court directed the lower court to take up I.A. No. 603 of 2019 on merits and pass appropriate orders. Miscellaneous applications stayed closed.

ThotaAnasurya Vs Gandesri Ramesh — 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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IMONDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

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CIVIL REVISION P ETITION NO: 27 6 0F 2020

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Petition under Article 227 ol the constitution of lndia, aggrieved by the order dated.lB-12-2019 passed in l.A. No. 603 of 2019 in o.s. No. 155 of 20.19 on the fite of the Court of the Principal Senior Civil Judge, at [/ancherial District

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Between:

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Thota Anasurya, W/o. Thota Rajaiah, Aged 45 years, Occ. Household, R/o. College Road, Edlawada, lv]ancherial, MancherialDistrict, ... Petitio ne r/Petitio ne ri Plaintiff

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AND

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Gandesri Ramesh, S/o. Rajesham, Aged 40 Years, Occ. Businsess, R/o. Opposite to H.P. Gas, ACC, Ii,,4ancherial, lvlancherial District.

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Gandesri Ashok, S/o.Ra1esham, Aged 35 Years, Occ. Private Employee, R/o. Opposite to H.P. Gas, ACC, I\lancherial, N4ancherial District.

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... Respondents/Respondents/Defendants

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lA NO: 1 OF 2020

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Petition under Order 39 Rulel Read with Section 15'1 CPC praying that in the circumstances stated in the affidavit filed therewith the High Court may be pleased to grant injunction order directing the Respondents to not alienate the suit property i.e., schedule land measuring 363 Sq.Yds (Ac.3-63Gts) in Sy.No.41lAa situated at Garimalla Shivar within the limits of I/ancherial tvluncipality R/m l/ancherial, l/ancherial District and the same is bounded by East: House of K.Srinu, West: Ch.Komuraiah, Nodh: house of P.Srinu, and South: 20 feet Road to any third party pendency of the suit i.e., OS No.^'l 55 of 201 I on the file of the Principal Senior Civil Judge, ltrlancherial District during pendency of CRP and pass such other order in the circumstances of the case and in the interest of^justice.

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SCHEDULE of SUIT LAND FILED BY THE PLAINTIFF

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The dry land measuring 363 Sq. Yards (Ac: O-03 gts) in Sy. No. 411 Garrnilla Shivar within the limits of l,4ancherial lVunicipality R/m [tr]ancherial, Dist [,4ancherial, is bounded by:

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East: House of K. Srinu, West : Ch. Komuraiah,

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North : House of P, Srinu

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South : 20 Feet Road

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Counsel for the Petitioner: SRI K. LAKSHMI MANOHAR

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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'BLI! SRI JT/STICT| CHALLA KODANDA RAM CIVIL R I,-VISI ON P[ TITIONNo.276 of 2020 ottDER:

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Against thc action olthe Court below in issuing only urgent notice to respond en ts/defendants without granting any injunction in their lavour in I.A.No.603 of 2019 in O.S.No.l55 ol 2019, plaintiff filed this Civil Revision perition.

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As can be seen from the order under revision, the Court below issued urgent notices to the respondents and adjourned the matter to 02.01.2020

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There is no dispute that as ol date, the respondents had cngaged a counscl to reprcse nl the m bclbrc thc Cor"rrl below.

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ln those circur.nslances, this Civii Revision petition is disposcd ol' u ith thc ciircction to thc (.ourt below to take up I.A.No.603 ol 20 I9 in ().S.No. I -5,5 of'2019 and pass appropriare ordcrs on rtr c rits

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Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

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SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGIST //TRUE COPY//

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To, '1 . The Principal Senior Civil Judge, I/ancherial District. 2. One CC to Sri K. Lakshmi lr,4anohar, Advocate tOpUCl 3. Two CD Copies N/IVK r<sup>..---- gbr

SECTION OFFICER

HIGH COURT

DATED: 1910412021

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DES PAi

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ORDER

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CRP.No.276 of 2020

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DISPOSING OF THE CIVIL REVISION PETITION

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<br>2-<br>\o :

ThotaAnasurya v. Gandesri Ramesh

Case brief

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ThotaAnasurya v. Gandesri Ramesh

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