Disposed

Yadagiri Vollela v. Mada Krishna

Telangana HC8 Jun 2021CRP/719/2021

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a Civil Revision Petition filed by defendants in a suit for permanent injunction. The court observed that an ex parte temporary injunction was granted without reasons and directed the lower court to dispose of the interim application after hearing both sides within six weeks.

What did the court decide?

Directed the Senior Civil Judge to dispose of I.A. No. 432 in O.S. No. 69 of 2019 within six weeks after hearing both sides.

Yadagiri Vollela Vs Mada Krishna — Civil Procedure and Limitation | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE EIGHTH DAY OF JUNE

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRIJUSTICE T.VINOD KUMAR

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C R P NO: 719 OF 2021

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Petition under Article 227 of the Constitution of lndia, to direct Senior Civil Judge, Kamareddy to dispose of O.S. No.69 of 2019^pending on its file expeditiously.

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Between:

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Yadagiri Vollela, S/o Late V. Rajaiah,^{Aged 43 years, Occ. Government Teacher,} R/o H.No. 14-59, Sutharigalli, Near RTC Bus^{stand, Bibipet, KamareddyMandal,} Nizamabad District.

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Swapna Vollela, W/o V. Yadagiri,^{Aged 38 years,Housewife,Fi"/o H.No. 14-59,} Sutharigalli, Near RTC Bus stand,^{Bibipet, Kamareddy Mandal, Nizamabad} District.

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Prameela Vollela, W/o^{LateV. Rajaiah, Aged 67 years,Occ. House wife' R/o}

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H.No. 14-59, Suiharigalli, Near RiC Bus-Stand, Bibipet, Kamareddy [r4andal, Nizamabad District.

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...PETITIONERS/DEFENDANTS

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AND

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Mada Krishna, S/o Narayana,^{Aged 56 years, Occ. Driver, FVo H No 16-18, Main} Road, Bibipet Village and^{Mandal, Kamareddyo,t,l'.lk=aro*DENT/PLAtNTtFF}

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Pabba Yadagiri, S/o^{Gouraiah, ageq 65 years, Occ, Retired Govt' Teacher,R/o} - H.No.1o-lS,iJradammagalli, Nedr Bibip6t Village and Mandal, Karmareddy District.

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...RESPONDENT/4TH^DEFENDANT

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Counsel for the Petitioners:^{SRI' G SUNDARESAN}

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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'BLE^{SRI JUSTICET' VINOD KUMAR} CIvIL SION oN NO. 719^0F2021

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ORDER:

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TheCiviiRevisionPetitionisfiledbythepetitionersseeking a direction^{to the court below to dispose of the O-S No 69 of 2019} on the file of^{Senior CivilJudge, at Kamareddy'}

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The petitioners^{herein are the defendantsin the suit'The} respondents filed^{the above suit for permanent injunctionin} respect of the^{suit schedule property'}

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Heard the learned^{Counsel for the petitioners}

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The learned^{Counselfor the petitioners soughtto impress} upon this court^{that the suitfi1edby the respondent/plaintiff being} a suit simplicitor^{for permanentinjunction' this Court may be} pleased to direct^{the Courtbelow to dispose of the suit itself'}

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S.LearnedCounselforthepetitionershowever'doesnot dispute the fact^{that the Court below had grantingad-interim} injunction on^{16.10.20i9 in I'A' No 432 of 2OI9 in O'S' No 69 of} 2019 fi1ed by^{the respondentsherein and the said injunctionorder} is sti1l subsisting.

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Learned Counsel^{for the petitionerssubmits that the written} statement in^{the suit as well as the counter in the above I'A' had} been filed by the^{petitioner/ defendant on 13 02 2o20' Even after} filing counter,^{the I.A. has not been disposedof and the ex parte} injunction granted is^{being extended from time to time' Learned} Counsel for the^{petitioners also submits that the order of granting} ex parte injunction by^{the Court below is without assigning any}

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reasons and contrary to law declared by the Hon,ble Apex Court in Shia Kumd.r Chadha etc,, o. Munlcipq.l Cotp. of Delhtr.

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7 . i see considerable force and justification in the submissions made by the learned Counsel for the petitioners. In view of the above, the Civil Revision petition is disposed of and learned Senior Civil Judge, at Kamareddy, Kamareddy District, is hereby directed to dispose of the LA. No.432 of 2O2O in O.S. No. 69 of 2019, within a period of six weeks from the date of receipt of copy of this order, after hearing both sides. The petitioners are also permitted to place a copy of this order before the Court below and seek for early disposal of the LA.

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The miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

1-(iie-5F3ee16T

//TRUE COPY//

SD/.SAILESHI ASSISTANT REGISTRAR \l'/

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SECTION OFFICER

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To,

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1 The Senior Civil Judge, Kamareddy.

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2 One CC to SRl. G. Sundaresan, Advocate [OPUC]

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J Two CD Copies 4 One Spare Copy CDL TP ..h,-

HIGH^GOURT

DATED:^0810O12021

ORDER

CRP.No.7'19^{of 2021}

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DISPOSING OF THE C.R.P

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Yadagiri Vollela v. Mada Krishna

Case brief

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Yadagiri Vollela v. Mada Krishna

Case brief

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