Dismissed

Mrs Karuna Choudhari v. Parvez Ahmed Khan

Telangana HC3 Jan 2025CRP/4204/2024

Case brief

AI extract

What is this about?

Plaintiffs challenged the appellate court's confirmation of dismissal of their temporary injunction petition in a property suit. Counsel sought to withdraw the revision with liberty to seek review of the impugned order before the trial court.

What did the court decide?

CRP dismissed as withdrawn with liberty to file review application; trial court directed to decide any such review expeditiously, preferably within thirty days.

Mrs Karuna Choudhari Vs Parvez Ahmed Khan — Property and Title | Telangana HC (2025)

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[³⁴⁰¹ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUJOY PAUL

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CIVIL REVISION PETITION NO: 4204 OF 2024

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Between:

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Mrs Karuna Choudhari, Wo Late Vinod Choudhari, Aged. 66 years, Occ. Housewife, Rlo Bl2 Flat No. 6 Chandralok Residential Apartment Paradise, Secunderabad.

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Vinit Choudhari, S/o Late Vinod Choudhari, Aged. 53 years, Occ. Business, R/o Bl2 Flat No. 6 Chandralok Residential Apartment, Paradise Secunderabad.

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...Revision Petitioners / Plaintiffs

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AND

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Parvez Ahmed Khan, S/OLate ManzoorAhmed, Aged.53 years, Occ Business, R/o H.No. 16-2-31/1, Akbar Bagh, Malakpet, Hyderabad.

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...Respondent / Defendant

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Petition under Article 227 of lhe Constitution of lndia, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to Aggrieved by the Order and Decreetal Order of the Learned 12th Addl. Chief Judge in CMA No. 5 ot 2023 daled 2211012024 vide which the learned Judge confirmed the dismissal of the injunction petition by the learned I Junior Civil Judge Secunderabad vide order in lA No. 1 of 2022 in OS No. 355 of 2022 dated 301112023 filed by the petitioners herein, they beg to prefer the above. .Civil Revision Petition.

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lA NO: 1 OF 20 24

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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 temporary injunction orders restraining the Respondent and any persons claiming through or under him from interfering with the possession and enjoyment of the Petition schedure property by suspending the impugned order of the. learned 12th Addl Chief Judge, Secunderabad in CMA No; S of 2023 daled 2211012024 confirming the order of the learned I Junior civil Judge Secunderabad in tA No. 1 of 2022 in oS No. 35s of 2022 dated 30t1t2o23 pending disposal of the above CRp.

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SCHEDULE OF PROPERTY

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Ail the part and parcer of open rand bearing prot No.g and g /part totar admeasuring 328 sq yards in the approved layout sanctioned vide cBR No:2 (5) dated 31.01.1987 in sy.No.127tparl situated at Bapujinagar, thokata viilage, Bowenpally, Secunderabad Cantonment and bounded by

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North	:	30"wideroad
South	.	Plot No;8/part
East	:	PlotNo;10
West	:	30"wideroad

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Counsel for the Petitioner(s): Sri G. Ravi Chandran

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Counsel for the Respondents:

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The Court made the following Order:-

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I l

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THE HONOURABLE SRI JUSTICE SUJOY^PAUL CML REVISION PETITION No.42O4 of 2o24

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ORDER:

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Sri G.Ravi Chandran, learned counsel for the^petitioners submits that^aggrieved by^{the order of trial court refusing} injunction, the^{petitioner filed CMA.No.Sof 2023 before the} learned appellate Court.^{The appealwas rejected by stating that} W.P.No.15938 of^{2009 is pending before the High Court and when} such matter is^{subjudicebeforethe High Court, it is not proper to} adjudge the matter by^the trial^{Court. It issubmitted that} W.P.No. 15938 of^{20O9 has nothing to do with the presentsuit and} the application^{wasrejectedon erroneous grounds.}

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( {

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After arguing for some time, learned counsel^{for the} petitioner, seeks to withdraw this^{petition\ rith liberty to file review} application seeking review^{of' theimpugnedorder,} dated. 22.1O.2024.

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The prayer is allowed.

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Accordingly, the Civil Revision Petition is

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dismissed as withdrawn with^{libertyprayed for. However, in the} interest of^justice, it is directed^that if^{any such application} seeking review is frled, the trial^{Court shall considerand decide it,}

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I I

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in accordance with law, expeditiously, preferably within thirty

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days. No costs.

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Interiocutory applications, if any pendirrg, shall also

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stand closed. Sd/- K' AMMAJI ASSISTANT^REGISTRAR

I/TRUE^COPY//

c N OFFICER

To,

1 . The^{12th Additional Chief Judge' Secunderabad}

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One^{CC to Sri G Ravi Chandran' Advocate [OPUCI} 3. Two CD^CoPies

VC/gh t,

-.+-

...-..........

HIGH COURT

DATED:03 t0112025

ORDER

GRP.No.4204 of ZO24

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DISMISSING THE CRP AS WITHDRAWN

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l I

Mrs Karuna Choudhari v. Parvez Ahmed Khan

Case brief

What is this about?

What did the court decide?

Mrs Karuna Choudhari v. Parvez Ahmed Khan

Case brief

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What did the court decide?

What the court decided

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