Defendants challenged an ex parte status quo order in an injunction application in a suit over agricultural land claimed by a co-operative society. The High Court directed the trial court to decide the application after hearing both parties within one month and disposed of the revision petition.
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IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
THURSDAY THE TWENW FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CIVIL REVISION PETITION NO: l063 0F 2023
Petition Under Arltcle 227 constitution of lndiaagainst the Order dated O2lO1l2O23 in l.A.No.O1 ot2O23 in O.S.No.1o'f 2023on the file of the Court of the learned Agent to Government(DistrictCoHector) at Khammam. Between:
...PETIflONERS/DEFENDANTS1 &2
AND
Guquloth Ramulu, S/o LateTulisya, aged about.72 Yrs, Occ. AgricultureFl/o Bhigyanagar ThandaVillage, SingareniMandal, Khammam District
...RESPONDENT/PLAINTI FF
lA NO: 1 OF 2023
Petition under Section 151 CPCpraying thatin the circumslances statedin the affidavit filed in support of thepetition,the High Court may be pleased to stay the statusquo order daledO2tO1l2O23 in l.A.No.01of 2023 in O.S.No.O1of 2023 on the file of the learned Agentto Government(DistrictCollector)at Khammam, pending disposal of the C.R.P.
Counsel for the Petitioners : SRl.MANOHAR MACHARALA
Gounsel for the Respondent: NONE APPEARED
The Court made the following:
THE HON'BLE SMT JUSTICE K.SUJANA CML REVISION PBTITION No. 1O63 OF 2o23
ORDER:
The present Civil Revision Petition is filed by defendant Nos.l and 2 against the order dated 02.01.2023 in I.A.No. I of 2023 in O.S.No. I of 2023 on the file of learned Agent to Government (District Collector) at Khammam (for short 'the trial Court'), wherein, both the parties are directed to maintain status-quo until further orders.
2- For the sake of .convenience, hereinafter, the parties will be referred to as arraved before the trial Court.
2
.srsJ CRP No. 1063 oJ2023
property having acquired thesame by way of partition and his name was mutated inthe revenue recordsin respectof suit scheduleproperty. With an evil desire, the defendants created a society under thenameand style of Singareni Mandala Press ReportersMutualAided House Building Co- operative Society Limited'and on 27 -11.2022, defendant Nos. 1 and 2, along withtheir henchmen nearly 25 to 30 members with JCBs, cameto the suit schedule property and tried to cut off the treesand forcibly erecteda sign board at the suit scheduleproperty.Aggrieved by the same,the plaintiff frled a suif. Along withthe suit, he also filed I.A.No. 1 of 2023 underOrder XXXIX Rules Iand 2 of Civil Procedure Code, seekingad-interiminjunctionagainstthe defendant Nos.1 and2 pending disposalofthe suit..
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s(sJ CRP tYo. 1063 of2023
served upon the respondent/plaintiff, none appea.red on his behalf. Perused the material available on record.
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4
SKS.J CW No. 1063 of2023
property from one Sri Parsa Pattabhi Rama Rao vide Gift deed dated 23.06.2022 and therefore, their rights witi Ue affected if they are not heard before passing any orders in the I.A.. However, by way of impugned order, the learned Agent has merely ordered the parties to maintain status quo. Therefore, this Court feels that ends ofjustice would meet if a direction is given to the learned Agent to Government to dispose of the I.A. by hearing both the parties, including the contents of the counter hled by the defendants.
Miscellaneous petitions, if any pending, shall stand
closed.
SDIP. PADMANABHAREDDY ASSISTAN $:GrsrRAR il,,' //TRUE COPY// SECTION OFFICER
To,
DL MY
:1
HIGH COURT
DATED:2510112024
ORDER
CRP.No.1063 of 2O23
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C.R.P. !S DISPOSED OF
2 issues framed by the court
Whether the ex parte status quo order dated 02.01.2023 passed by the trial Court in I.A.No.1 of 2023 should be set aside.
Whether the trial Court should dispose of the injunction application after hearing both parties.
3 provisions across 3 enactments
Badavath Ramu Naik
Boda Ashok
Guquloth Ramulu
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
