Remanded

Sunkireddy Ramadevi v. Sunkireddy Gayatri

Telangana HC6 Jan 2023CRP/2739/2022

Case brief

AI extract

What is this about?

This civil revision petition challenged the inaction of the District Judge in deciding an interlocutory application regarding alienation of property in a partition suit. The Court directed the lower court to decide the pending application expeditiously after hearing both sides.

What did the court decide?

Direction to the learned III Additional District Judge, Mahabubnagar to decide I.A. No. 113 of 2022 expeditiously after hearing all parties.

Sunkireddy Ramadevi Vs Sunkireddy Gayatri — Partition | Telangana HC (2023)

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[³¹⁶⁶ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CIVIL REVISION PETITION NO:2739 OF 2022

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Petition under Section 115 of CPC, AgainsVaggrieved by the Order dated in lA No.112022 in OS 9212O22 dated 2311112O22 inlhe court of lll Additional District Judge Mahabubnagar.

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Between:

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Sunkireddy Ramadevi, W/O Late.Vijay Kumar Reddy, Age- 58 Yrs, OccHousewife, RyO Plot No. 1049, Sri Swamy Ayyappa Co-operative Housing Society, Madhapur, Hyderabad. 500 0Bl

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Anireddy Sabita Reddy, W0 A Narasimha Reddy D/0 Late. Vijay Kumar Reddy, Age- 37 Yrs, Occ- Housewife, R/o 16-2-7041211, Flat No. 505, Aanandnagar, Malakpet, Hyderabad - 500 036.

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S Priyanka Reddy, Wo Ashwin Kumar D/o Late. Vijay Kumar Reddy, Age- 34 Yrs, Occ- Housewife, Fl/o Plot No. 1049, Sri Swamy Ayyappa Co-operative Housing Society, Madhapur, Hyderabad. 50008,l

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...PETITIONERS/DEFENDANTS

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AND1. Sunkireddy Gayatri, Wo Late Sunkireddy Chenna Reddy. Age- 54 Yrs, OccHousewife, Fl/o 1-1-111 Nancherla Village, Gandeed Mandal, Mahaboobnagar District. 509 337.

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Sunkireddy Sai Varun Reddy, S/o Late Sunkireddy Chenna ReddyAge- 25 Yrs, Occ- Student, No 1-1-111 Nancherla Village, Gandeed Mandal, Mahaboobnagar District. 509 337.

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Sunkireddy Sai Varun Reddy, S/o Late Sunkireddy Chenna Reddy Age- 25 Yrs, Occ- Student, No 1-1-111 Nancherla Village, Gandeed Mandal, [/ahaboobnagar District. 509 337.

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...RESPONDENTS /DEFENDANTS

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CRP.M.P.NO/IA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to Grant ad interim in.junction restraining respondents/ defendants from alienating or creating third party rights over the^petition schedule^property and^pass such other order or orders as this Honourable Court may deem fit and^proper in the circumstances of the case in the interest of Justice.

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Cou nse I for the Petitioners: SRI SRIVANI VUTLA Cou nse lforthe Respondents: SRI KAUSTUBH AKKIRAJU

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The Court made the following: ORDER

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I !

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{

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HON'BLE SRI JTTSTICE K. LAKSHMAN

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CML REVISION PETITION No.2739 of 2O22

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ORAL ORDER:

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Heard learned counsel for the petitioners and learned counsel appearing for the respondents. Perused the^record.

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Petitioners herein have filed a suit vide O.S.No.27 of 2022 initially before learnecl Prl. District Judge, Vikarabad against respondents seeking partition and separate possession of the suit schedule property therein. After formation of new Judicial Districts, the said suit was transferred to lll Addl. District Judge, Mahabubnagar and new suit number was assigned i.e., O.S.No.92 of 2022. Along with the said suit, they have also filed I.A.No. 113 of 2022 (old LA.No.1 of 20221 restraining the respondents from alienating, encumbering or changing the nature of suit schedule property in any manner. Even after transferring the matter, learned III Addl. District .Iudge, Mahabubnagar is not disposing the said IA, in accordance with lau.. Therefore, the present revision.

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Learned counsel appearing for the respondents, on filed instructions, l,",ould subm it that they have already

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counter in the said Interlocutory Application and also rvritten statement in the suit. It is the Court which has to decide the aforesaid Interlocutory Appiication, in accordance with law.

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The said suit and I.A. were filed in September, 2O2 1. The same were numbered in 2022. During the pendency of the said suit and I.A., respondents are trying to alienate the suit schedule property to third parties, which will create multiplicity of litigation.

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In view of the aforesaid discussion, this Civil Revision Petition is disposed of directing the learned III Addl. District Judge, Mahabubnagar to decide I.A.No.1l3 of 2022 (old I.A.No.1 of 20221 in O.S.No.92 of 2022 filed by the petitioners and pass appropriate orders, in accordance with law by affording opportunity to both petitioners and respondents, as expeditiously as possible. There shall be no order as to costs

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As a sequel, the miscellaneous petitions, if any, pending

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in the Civil Revision Petition shall stand closed

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SD/-R. KARTHIKEYAN ASSISTANT REGISTRAR //TRUE COPY// / Jw SECTION OFFICER

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To,

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The lll Additional^{DlstrictJudge, Mahaboobnagar.} i. i*o cc. to PUBLIC PROSECUT6R ,^{High Court for the State of Telangana} at Hyderabad [OUT] 3. one'CC to SRI SRIVANI VUTLA^Advocate [OPUCI 4. TrabQP CoPies EDS gcq

HIGH COURT

DATED:0610112023

ORDER

STAT€
trooq [1 \qht l$il t,

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CRP.No.2739 ot 2022

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DISPOSING THE CRP.

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Gfl{,

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Y"v*

Sunkireddy Ramadevi v. Sunkireddy Gayatri

Case brief

What is this about?

What did the court decide?

Sunkireddy Ramadevi v. Sunkireddy Gayatri

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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