Allowed

Tamanampudi Ashok Kumar Reddy, Y v. Dr. Bandaluppi Rajendra Srinivas

Telangana HC22 Jan 2024CRP/652/2023

Case brief

AI extract

What is this about?

High Court allowed revision petition under Article 227 directing trial court to expeditiously dispose of application for attachment before judgment under Order XXXVIII Rule 5 read with Section 151 CPC, as it remained pending for years along with the suit.

What did the court decide?

Trial court directed to dispose of the pending attachment before judgment application expeditiously after hearing both sides with no delay.

Tamanampudi Ashok Kumar Reddy, Y Vs Dr. Bandaluppi… — Property and Title | Telangana HC (2024)

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[³³⁸⁵ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

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MONDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CIVIL REVISION PETITION NO:652 oF 2023

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Petition under Articte 227 of lhe Constitu{ion of lndia,aggrieved by the order made in r.A.No.1460 ot 2o1g in o.S.No.805 of lf,19,ir"t"lir" irr-ii Additional Chief Judge, City Civil Court, Hyderabad.

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Between:

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Tamanampudi Ashok KumarFqOOV,.g{g T. Dora Reddy, Rl/o. FIat No.201, Prabhava Mansion, Navodaya Cotoni, yettareOOygrta,'Hydlb"rab"O

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...PETITIONER

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AND

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Pl.^P1g"Lrppi Rajendra Srinivas, S/o. Late Sri Naooji Rao, R/o H.No.2S_ 1 43tBt2A, srinitayam, Bramarambiia Mg;i- M;kri;;, iryoeiioad_+2.'..^--.--

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2' ws' Jayaqthi sreejeevika Foundation, Rep. by its Director, Dr. Bandaruooi Rg.iendra Srinivas,' Aged jrbout az %"o,-o16,' b;i;^{-dfffi '} ;;"H iilrE i.1,'Jj,l"AafJ3|o):'s,sretNirav;;,-b;;;,,ffi^{lk;-N;sd'ri;6ibiil}

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...RESPONDENTS

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I.ANO: I OF 2023

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Peti(ion under section i.51 cpc.praying that in the circumstances stated in the affidavit fired in suooort.of the petiriSn, iii.iiiJt iior.t n.,"v be p,eas€d to srav afl furrher. proceedingi in o.s- r.ro.aos "i i6id'Jn'inl rir" of rX Additionar chiei Judge, City Civil Court, Hyderabad penOingdispo-sal oittre C.R.p.

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Counsel for the petitioner: SRl. PRABHAKAR pERl

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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 HONOURABLE SMT. JUSTICE K. SUJANA CML REVISION PETITION No.652 of2o23

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ORDER:

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Aggrieved by the inaction of the learned IX Additional Chief Judge, City Civil Court, Hyderabad in taking up I.A.No.L46O of 2Ol9 in O.S.No.8OS of 2019, the present Civil Revision Petition is filed.

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I.A.No. 146O of 2Ol9 is liled under Order XXXVIII Rule 5 read with Section 15 1 of CPC seeking orders of attachment before judgment of the property, wherein he filed the suit vide O.S.No.8OS of 2OI9 for recovery of an amount from the defendant. The said petition is filed along with the suit on 13.08.2019, whereas the Court adjourned the matter without any reason. In the meantime, if the property is alienated to the third parties, he will suffer, as such, he filed the present Civil Revision Petition for expeditious disposal of the I.A.No. 1460 of 2019.

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As seen from the record, the petitioner Iiled the above said I.A. on 13.08.2019, however, till the date of filing of the present Civil Revision Petition and the said I.A is not disposed of. Learned counsel for the petitioner filed the status of the case from 28. 11.2Ol9 to 13.O3.2O23 and the recent status of the case

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SKS,J C R P. No.652 of2023

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on 13.03.2023, it^{is mentionedas'I.A is pending, At request call} on 13.03.2023,^{l.A-231}122-forcounter at request call on} 13.O3.2023.^I.A.1460 I^{19-ca11on 13'03'2023''}

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The trial Court^{has to dispose of the petition when the} petition is frled under^{Order XXXVII Rule 5 read with Section} 151 CPC without^{keepingit along with the suit' The object of} thepetitionunderOrderxxxvnlRule5readwithSectionl5l CPC is to^{securehis claim,if the property is disposed of during} the pendency^{of the suit, it is difl-rcult to executethe decree'} Therefore, t.lle^{petitionhas to be disposedof on merits'} immediately^{after hearing both sides, whereasthe petition is not} disposed of and^{it is coming along with the suit and the suit is} not at the^{stage of trial. Therefore, the trial Court is directedto} dispose^{of ttre petition as expeditiouslyas possible'}

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5 With the above^{direction,this Civil RevisionPetition is} allowed. There^{shall be no order as to costs'}

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As a sequel,^{miscellaneouspetitions,pendingif any' shall}

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stand closed.

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sd/-v. KAV1JHA ASSTSTANT^REGISTRAR

//TRUE^COPY//

SECTION^OFFICER

1 2 3^{.38'a#"'3R$3XE-*,INRFE[f} . Two^{CD CoPiesX["?".:t"iU""'i3i'*o}

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pr/kamw

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HIGH COURT DATED: 2210112024

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rii;I

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,*:

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ORDER CRP.No.652 of 2023

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ALLOWING THE CRP

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5^.+f"t &,',

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Tamanampudi Ashok Kumar Reddy, Y v. Dr. Bandaluppi Rajendra Srinivas

Case brief

What is this about?

What did the court decide?

Tamanampudi Ashok Kumar Reddy, Y v. Dr. Bandaluppi Rajendra Srinivas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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