Maloth Shankar Vs Korra Venkatesh

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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CIVIL REVISIo N PETITION NO: 317 0F 2025

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Petition under Nticle 227 of the constitution of lndia praying that this Hon'ble court may be pleased to set-aside the order dt.20.12.2024 passeo in l.A. No. 57 of 2024 in o.S. No. 41 ot 2024 on the fire of the Agent to Govemment, Bhadradri Kothagudem District.

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Between:

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1 Maloth Shankar, S/o Late Hemla,.Aged about 56 years, Occ.'Retd, SCCL -

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Employee,^{R/o VidyanagarColoriy,} Chuncnupilty Mandal, AfiaArlOrt Kothagudem District.

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2 Maloth ?.eepla, -S/o Hemla, Aged 54 years, Occ. private Emolovee. R/o -

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Housing Board Cotony of Sarvaiam, vittage, ihunchrprify ir4rnOii tii"-dr;; Kothagudem District.

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J Maloth Vamshi Krishna, S/o Shankar, Aged about 32 years, Occ. General M.azdoor, Ryo Retay-D, KrKl tnciire r\iii"il ano"ilLilrri AiJi, ,lavr.hr;ti;; Bhoopalapally District.

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...Petitioners/Defendants

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AND

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Korra Venkatesh, S/o Bikku, Aged about 34 years, Occ. private Emolovee. R/o Gandhinagar cotony, Chunihupaily rrlanbai, st aoraori koiirrs;i;#,--' District.

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... RespondenUPlaintiff

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lA NO: 1 OF 2025

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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 siay the operation of the order dated 20.12.2024 in tA.No.s7 ol 2024 in oS.No.41 of 2024, pasied by the Agent to Government, Bhadradri Kothagudem, pending disposal of the Civil Revision petition.

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Counsel for the Petitioners :Sri S Ramana Reddy

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Counsel for the Respondent : Sri Mudiraju Srinivasa Rao

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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CIVIL REVISION^p ETITION No.317 ol2O25

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ORDER:

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Heard Sri S.Ramana Reddy, learned counsel appearing on behalf of the^petitioners and Sri Mudiraju Srinivasa Rao, learned counsel appearing on behalf of the respondent.

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Aggrieved by the orders dated 20.12.2024^passedin I.A.No.57 of 2024 in O.S.No.41 of 2024 by the^Agent to^the Government, Bhadradri Kothagudem District, the^presentCivil Revision Petition is preferred by the^petitioner.

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3 The suit in O. s No.41 of 2024 had bee filed on the file of Aqent o the Government Bhadradri Kothaoudem District bv th resoondent in the Dresent Civil Revision Petition, seekino Draver as under:

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"The plaintiff therefore^prays that, the^Hon'bleCourt be^pleased to^pass a decree in his favor,^{against the} defen da nts,

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a) To declare that the^plaintiff is the^owners, possessors & title holders of the suit schedule house property.

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b) To grant perpetual injunction, restraining the defendants, their men, agents, supporters, relatives and all other persons claiming through them From in any way interfering with the peaceful possession and enjoyment over the suit schedule property;

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c) To cancel the pattedar passbook of Defendant No.1 bearing No. T27090010489.

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d) To rectify the revenue records as the said Survey number 106/8 is not an agriculture land.

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e) to award costs of the suit, and

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to pass such other order or orders, as the Hon'ble Co.urt deem fit and proper in the circumstances of the case."

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I.A.No.57 ot 2024 in O.S.No.41 of 2024 had been filed bv the resoondent in the oresent Civil Revision ron la in iff in ln seekino ora er as under:

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"Hence it is prayed that the Hon'ble court may be pleased to grant temporary injunction orders restraining the respondent/Defendant No.1 from transfer of the petition schedule property in any manner including sale, gift, mortgage, etc till disposal of the suit by way of temporary injunction orders, in the interest of^j ustice. "

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Vide the impugned order dated 20.12.2024, the Court below allowed I.A.No.57 of 2024 as prayed for against the

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J

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SN, J cRI', ll7²⁰²⁵

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or respondents^{thereunderin I.A.No.57ot 2024 in o's'No'41} 2024 over^{the petitionscheduled property'}

PERUSED THE^RECORD

he o he n d d e

extra ed ereunde^r:

"The asbestos sheets^{roofed house bearlng} No.2-2-8311A along^{with its current meter bearing} No.16977595^{with its appurtenantsite coveredwith} four sides compound^{wall for an extentof Acs'0'13 y2} guntas in Sy.No.106/B^{situated at NandaThanda of} Chunchupally^{Mandal, within the following boundaries-}

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East: R&B Road^{Towards Khammam to Bhadrachalam}

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West: G.P Road^{towards Nanda Thanda}

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North: Land of^{Boda Ravi Kumar}

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South:^{Land of DharmasothuKishan"}

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With the^{consent of both the learned counsel and} without^{going into the merits of the rival contentions} put-forth by both the^{learned counsel on record' the} present Civil Revision^{Petition is disposed of directing the} Agent to Government^{Bhadradra-KothagudemDistrict to}

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I
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cRP lt7 2025

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dispose of the Suit in O.S.No.41 of ZO24 itself on merits in accordance to law, within a period of three(3) months from the date of receipt of a copy of this order. Tiil appropriate orders are passed by the Agent to Government Bhadradri-Kothagudem District on merits, Status-quo is directed to be maintained by both the parties in respect of the petition scheduled property i.e., the asbestos sheets roofed house bearing No.2_2_g3l1A along with its current meter bearing No.16977S95 with its appurtenant site covered with four sides compound wall for an extent of Acs.O.13 y2 guntas in Sy.No.106lg situated at Nanda Thanda of Chunchupally Mandal, within the following boundaries, East: R&B Road towards Khammam to Bhadrachalam, West: G.p Road towards Nanda Thanda, North: Land of Boda Ravi Kumar and South: Land of Dharmasothu Kishan. However, there shall be no order as to costs.

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The m iscellaneous applications, iF anyr shtrll stand closed. SD/- S MALLIKARJUNA RAO, AS ANT REGISTRAR. //TRUE COPY// ECTION OFFICER

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To,

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.1 . The Agent to Goverr 2 one c-c to sri. -;;li["rJ.i,1Ifl:[:[i3,".ru^District. 3 one cC to Sri rvludiraju SrinivaJa C;;:il;#d topUCJ 4. Two CD Copies

ADK FT

DATED:0310312025

HIGH COURT

ORDER

CRP.No.317 of 2025

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