Civil Revision petition challenging the dismissal of temporary injunction application and final suit. Court found no error in lower courts' approach, noted pendency issues were already addressed, and dismissed the revision.
Civil Revision petition No. 557 of 2021 was dismissed. The main suit was directed to be disposed within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION P ETITION N O: 657 OF 2021
Petition under Article 227 of the constitution of lndia aggrieved by the order daled 2010112021 in c.tv A.No.10 of 2018 on the file of lX Additional District and Sessions Judge, at sircilla, Rajanna Sircilla District, confirming the order and Decree dated 08/08/2018 in t.A.No.273 of 2017 in o.s. No. t2 of 2oi7 on the file of Hon'ble Junior civil Judge at vemulawada, now the said Suit is transferred and re-numbered as o.s.No.'l 15 of 2018 on the file of Hon'ble senior civil Judoe at Sircilla, Rajanna Sircilla Dastrict.
Between:
Bendram Yellamma, W/o.Durgareddy, Aged about 64 years, Occ Agriculture, R/o. Mallapur Village, Boinpalli Mandal, Rajanna Sircilla District. (Old Karim"nagar District)
...PETITIONERYAPPELLANT/PLAINTIFF/PETITIONER
AND
...RESPONDE NTS/RESPONDENTS/DEFENDANTS/RESPONDENTS
lA NO: 1 OF 2021
Petition under Order 39 Rule 1 & 2 R/w. Section 1S1 CpC praying that jn the circumstances stated in the affidavit filed therewith, the High court may be pleased to grant interim lnjunction restraining the respondents and their agents, servants, etc., f rom interfering with my peaceful possession and enjoyment over the suit schedule land in Survey No.3'1 1/A admeasuring Ac. 2-2g guntas situated at Mallapur Village, Boinipalli Mandal, Rajanna Sircital District, (Old Karimnagar District) pending disposal of the above C.R.P.
Counsel for the Petitioner: SRl. V. V. RAMANA RAO
Counsel forthe Respondents: NONE APPEARED
The Court made the following: ORDER
V
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM Cli/lL REVISION PETITION No. 557 of 2021
ORDER:
Petitioner filed O.S.No.72 ot 2017 in the Court of Junior Civil Judge, Vemulawada against the respondents for the relief of perpetual injunction. Along with the suit, he also filed 1.A.No.273 of 2017 seeking temporary injunction. The trial Court after taking into consideration the material placed on record. particularly, the simple sale deed, and the specific submissions made on behalf of the respondents that they were not put on notice and they were never involved in the regularisation of the alleged simple sale deeci, dismissed the Applicationyide order dated 08 08.2018. Aggrieved by the same, the petitioner filed C,M.A.No.10 of 2018 in the Court of lX Additional District & Sessions Judge, Sircilla. The lower appellate Court having considered the material on record observed that the petitioner had not approached the Court with clean hands, by not disclosing as to the pendency of various civil suits between the parties and thereby, dismissed the Appeal confirming the order passed by the trial Court. Hence, this Revision.
Though the learned counsel for the petitioner vehemently prays that the revenue entries have been ignored in the fact situation, this Court does not find any error in the approach of the Courts below to interfere in the matter As a matter of fact, in C,R.P.No.3083 of 2019, this Court has already directed the trial
Court to dispose of the suit as expeditiously as possjble keeping in view of the fact that the suit is of the year 2017
Ihe Civil Revision petition rs accordingly dismissed.
As O.S.No.72 of 2017 stands transferred to the Court of Junior Civil Judge, Sircila from the Court of Junior Civil Judge, Vemulawada, the learned Junior Civil Judge, Sircilla, shall dispose of the suit as expeditiously as possibre, preferabry within a period of six (6) months from the date of receipt of a copy of this order
Consequenfly, miscellaneous applications, if any shall stand
dismissed. There shall be no order as to costs.
SD/- N. CHANDRA SEKHARA RAO ASSTSTANT REGTSTRAR ,TRUE COPY//
\L,.
SECTION OFFICER
To,
l The IX Additionar District and Sessions Judge at sircira, Karimnagar District.
gbr
HIGH COURT
DATED: 1910412021
ORDER
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CRP.No.657 of 2021
DISMISSING THE CRP
WITHOUT COSTS
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2 issues framed by the court
Whether the High Court should intervene in the lower courts' dismissal of the application regarding interim injunction due to clean hands doctrine.
Whether the lower courts erred in ignoring revenue entries in the fact situation.
2 provisions across 2 enactments
Bendram Yellamma
Durmutla Yeshireddy Rajireddy
Durmutla Yeshi Bhoomreddi
Durmutla Yeshi Devamma
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
