Ootla Venkata Ramana Vs Ootla NagaLaxmi

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[³²⁵⁵¹

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENry FVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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CIVIL REVISION PETITION NO: 3498 OF 2024

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Petition under Article 227 oI the Constitution of lndia aggrieved by the order dated 17-05-2024 in l.A.No. 3 of 2024 in O.S.No. 07 of 2024 on the file of the

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Court of Agent to Government, Bhadradri-Kothagudem District.

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Between:

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Ootla Venkata Ramana, Wo. Late lvlallaiah, Aged about 70 years, Occ. House hold, Rt/o. H.No. 4-1-7011, Ram Nagar, Vidyanagar colony Grampanchayat Chunchupally Mandal, Bhadradri-Kothagudem Districl5071'1'18.

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...Petitioner herein/ RespondenUDefendant before trial court

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AND

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Ootla Nagalaxmi, Wo. Ravi Shankar, Aged about 40 years, Occ. House hold, R/o. Ramnagar, Vidyanagar colony GramPanchayat Chunchupally Mandal, Bhadradri-Kothagudem District-5071'l'18.

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Ootla Ravi Shankar, S/o. Late Mallaiah, Aged about 45 years, Occ. House hold, R/o. Ram Nagar, Vidyanagar colony Grampanchayat Chunchupally Mandal, Bhadradri-Kothagudem District-5071 1 18.

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...Respondents herein/ petitioners/Plai ntiffs before trial court

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lA NO: 1 OF 2024

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Petition under Rule-42(C) of Agency Rules 1924 RrW 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 pass orders to suspend the impugned orders dated. 17-05-2024 passed in l.A.No. 03 ol 2024 in O.S.No. 07 of 2024 on the file of the Hon'ble Agent to Government, Bhadradri-Kothagudem pending disposal of the C.R.P.

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lA NO; 2 OF 2024

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Petition under Section Rule-42(C) of Agency Rules^'t 924 RAlvr Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interirn suspension orders dated 0B/1 112024 passed in CRP No. 3498 of 2024 suspending the orders dated 1710512024 passed in lA No. 3 oi 2024 in OS No. 7 of 2t)',24 on the file of the Hon'ble. Agent to Government, Bhadradri-Kothagudem, penrJing disposal of the CRP.

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lA NO: 3 OF 2024

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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 pass orders to extend the interim suspension orders dated: 29-1^'1-:2024 passed in CRP No. 3498 ol 2024 on the file of this Hon'ble High Court.

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lA NO: 4 OF 2024

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Between:

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Ootla Nagalaxmi, Wo. Ravi Shankar, Aged about 40 years, Occ. House hold, R/o. Ramnagar, Vidyanagar colony GramPanchayat Chunchupally Mandal, Bhadradri-Kothagudem District-5071'1 18.

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Ootla Ravi Shankar, S/o. Late Mallaiah, Aged about 45 Vears, Occ. House hold, R/o. Ram Nagar, Vidyanagar colony Grampanchayzrt Chunchupally Mandal, Bhadradri-Kothagudem District-5071 1 18.

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... Petitioners/Respondents/Plaintiffs

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AND

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Ootla Venkata Ramana, Wo. Late Mallaiah, Aged about'20 years, Occ. House hold, R/o. H.No. 4-70l1, Ram Nagar, Vidyanagar colony Grampanchayat Chunchupally lVlandal, Bhadradri-Kothagudem District-S071 1 1 8.

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...RespondenUPetitioner/Defendant

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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 vacate the lnterim Order dated O8-11-2024 passed in IA No. 1 of 2024 in CRP No. 3498 of 2024 by dismissing the above CRP with exemplary costs.

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lA NO: 1 OF 2025

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Petition under Rule-42(C) of Agency Rules 1924 RA/i/ tSection 15'1 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim orders dated 29-11-2024 and2712-2024 passed in CRP No 3498 of 2024 on the file of this Honorable High Court pending disposal of the CRP .

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:;.

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Counsel for the Petitioner : Sri. S Madan Mohan Rao

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Counsel for the Respondents : Sri S Ramana Reddy

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The Court made the following: ORDER

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I I I

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I

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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Civil Revision Petition No.3498 of 2(J24

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ORDER:

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This Civil Revision Petition is filed agair.:Lst the Order dated 17.05.2024 passed in I.A.No.3 of 2024 in O.S.No.O7 of 2024, pendin g on the file of learned Agent to Government, Bhadradri Kothagudem.

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The petitioner is the respondent/ defendant before the learned trial Court. I.A.No.03 of 2024 is filed seeking temporar5r injr-rnctron in favour of the petition er/respondent against the respondent/ defendalt not to interfi:re in peaceful possession and enjoyment over the petitioner schedule property situated at H.No.4-1-70/1, Ram Nagar, Vidyanagar Colony Gram Panchayat, Bhadradi Kothagudem District.

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The r:evision pctitioner in their countcr in I.A.No.O3 of 2024 ln O.S.No.O7 ol 2022 has taken objectiorL that as per Sectron 27 of the Maintenance ald Welfare Acrt parents and Senior Citizens Act, 2OO7 , no civil court has .jurisdiction in respect of any matter to whom any provision of ttre Act applies and no injunction shall be granted. The main grievalce of the petitioner is that in the impugned order dated 1,2.05.2024, tl-te learned trial Court has held that the civ.il court has jurisdiction ir-r respect of the matters perta-ining to the

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2

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Maintenarce ald Welfare Act Parents and Senior Citizens Act, 2OO7 and held at final decision as under:

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"The counsel for the respondent contention 1,hat as per Sec.27 of the Maintenalce and Welfarc AcL Parents and Senior Citizens AcL, 2OO7, the Civil Collrt has jurisdiction in respect of any matter to whom any provision of this Act."

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Realizing the same, the petitioner submits that there is an error apparent in the order passed by the learned trial Court rvherein the Order needs to bc reviewed to the extent of jurisdiction and prayed this Court to grant liberty to hle review application.

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Recording the sarne, this Court without going into the merits of the case, deems it appropriate to grant liberty to the petitioner to make al1 application to review the order passed in I.A.No.3 of 2024 in O.S.No.07 of 2024, pending on the Iile of learned Agent to Government, Bhadradri Kothagudem, as per Rule 54 of the Andhra Pradesh Agency Rules, 1924 within a period of (02) weeks from the date of receipt of copy of this order. Upon filing such review application by the petitioner, the learned Agent to Government, Bhadradri Kothagudem shall consider the same and pass appropriate orders within a period of (03) weeks thereafter. There shall be interim stay of \

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orders passed on 08.11.2024 till the disposal of the review application.

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With the above directions this Civil Revision Petition is disposed of.

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Miscellar-reous applications, if any pending, shalI stand

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closed. No order as to costs.

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Sdt V. KAVITHA A REGISTRAR //TRUE COPYII

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oN oFF c ER

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To,

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1 The Court of Agent to Government, Bhadradri-Kothagudem District 2 One CC to Sri. S Madan lVlohan Rao, Advocate [OptJC] 3. One CC to Sri S Ramana Reddy, Advocate tOpUCl 4. Two CD Copies DL/gh w

HIGH COURT

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DATED:30/01/2025

ORDER

CRP.No.3498 ot 2O24

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