Disposed¶47

Chintala Swapna @Kethi Reddy Swapna v. Chinthala Raji Reddy

Telangana HC6 Feb 2026CRP/367/2026

Case brief

AI extract

What is this about?

Article 227 revision petition; direction to trial Court (Karimnagar) to expedite disposal of I.A.No.157 of 2023 in O.S.No.345 of 2023; ad-interim injunction under Order 39 Rules 1 and 2 read with Section 151 CPC; partition and separate possession suit; interim application pending since 2023 despite counter; expeditious disposal of interim relief; reliance on Shiv Kumar Chadha v. Municipal Corporation of Delhi, (1993) 3 SCC 161; four-week timeline; disposed of without costs.

What did the court decide?

Direction to the trial Court to dispose of I.A. No.157 of 2023 in O.S. No.345 of 2023 on its merits and in accordance with law, preferably within four (04) weeks from receipt of a copy of the order; no order as to costs; miscellaneous petitions, if any, closed. ¶47

Chintala Swapna @Kethi Reddy Swapna Vs Chinthala… — Writ and Judicial Review | Telangana HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution, should direct the trial Court to take up and dispose of I.A.No.157 of 2023 in O.S.No.345 of 2023, an interlocutory application pending since 2023 despite the respondent's counter.

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Court's answer

The interlocutory application, pending since 2023 despite the respondent having filed its counter, warrants expeditious consideration by the trial Court, as such delay is likely to prejudice the petitioner's substantive rights.

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Ratio / Principle

The trial Court is directed to take up I.A. No.157 of 2023 in O.S. No.345 of 2023 on a priority basis and dispose of the same on its merits and in accordance with law, as expeditiously as possible.

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Key takeaways

The disposal is preferably to be completed within a period of four (04) weeks from the date of receipt of a copy of the order.ratio¶44

Detailed headnote1 paragraphs

Telangana High Court (Justice N. Tukaramji, 06.02.2026), Civil Revision Petition No.367 of 2026 under Article 227 of the Constitution of India: filed by Chintala Swapna @ Kethi Reddy Swapna, aggrieved by the non-disposal since 2023 of I.A.No.157 of 2023 in O.S.No.345 of 2023 on the file of the Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-III Additional Junior Civil Judge, Karimnagar. The suit (O.S.No.345 of 2023) sought partition and separate possession; the interlocutory application, under Order 39 Rules 1 and 2 read with Section 151 CPC, sought ad-interim injunction restraining the respondents from changing the nature of Schedule A to C properties, and remained undecided although the respondent had filed a detailed counter. Relying on the Supreme Court's observation in Shiv Kumar Chadha v. Municipal Corporation of Delhi, (1993) 3 SCC 161, that applications for interim reliefs must be decided expeditiously, the Court held the delay likely to prejudice the petitioner's substantive rights and directed the trial Court to take up the I.A. on a priority basis and dispose of it on its merits and in accordance with law, preferably within four (04) weeks of receipt of a copy of the order. Civil Revision Petition disposed of; no order as to costs; miscellaneous petitions, if any, closed.

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13217 1

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CIVIL REVISION PETITION NO: 397 OF 2026_

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Petition under Article 227 of the Constitution of lndia aggrieved by the nondisposal of the 1.A.No.157 ot 2023 in O.S.No.345 of 2023 on the file of the Hon'ble Special Judicial Magistrate of First Class Mobile for Trail of Cases under PCR Act cum lll Additional Junior Civil Judge, Karimnagar.

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Between:

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Chintala Swapna @ Kethi Reddy Swapna, Wo K.R.Raghuveer Reddy, Aged 43 years, Occ: Household, R/o Flat No 111, E- Block, NCL LB Godavari Homes, Pipe Line Road, Pet-Basheerabad, Jeedimetla, Hyderabad -500067.

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.Petitioner

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AND

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Chinthala Raji Reddy, S/o Buclri Reddy, aged about 71 years, Occ: Agriculture, No 8,212, SubishiGowthami, Behind Minerva Hotel, Kompally, Hyderabad -500100.

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Chinthala Sandeep Reddy, S/o Raji Reddy, aged aborrt 42 years, Occ: Agriculture, Rlo 8.212, SubislriGowthami, Behind Minerva Hotel, Kompally, Hyderabad -50010C.

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Narahari Sandhya, \A//o tVladhukar Reddy. Aged about 46 years, Occ: Household, Flat No 303, Kamala Heights Aparknents. Jyothinagar, Karimnagar city Karin: nagar District.

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Bethelli .9aritha, Wo Vamshidhar Reddy, Aged about 47 yrs, Occ: Household, H. No. 2-1 0- 162 1, Chaitanyapuri, Karimnagar city, Karimnagar District.

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..Respondents

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Counsel for the.Petitioner: Ms.B MOUNI, REPRESENTING SRI S NAGESH REDDY

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Counsel for the Respondents: - - - -

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The Court made the follovring: ORDEI-(

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TI{E HONOURABLE SRI JUSTICE N.TUKARAMJI

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CIVIL REVISION PETITION No.367 OF 2026

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DATE : 06.02.2026

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Between

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Chintala Swapna ...Petitioner

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AND

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Chintala Raji Reddy and Others

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... Respondents

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ORDER

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This Civil Revision Petition is filed seeking a direction to the learned Special Judicial Magistr:ate of First Class, Mobile for trial of Cases urrder PCR Act-cum-llt Additional Junior Civil Judge, Karimnagarr, to take up and dispose of 1.A.No.157 of 2023 in O.S.No.345 of 2023.

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Head Ms.B.Mouni,learned counse! representing Mr.S.Nagesh Reddy,learned counsel for the petitioner.

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Learned counsel for the petitioner submitted that the present Civil Revision Petition has been filed aggrieved by the inaction of tt[^-"

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trial Court in keeping 1.A.No.157 of 2023 in O.S.No.345 of 2023 pending without adjudication. lt is contended that the petitioner instituted the said suit seeking a decree of Partition and Separate Possession and, contemporaneously, filed the present interlocutory application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), seeking ad-interim injunction restraining the respondents, their agents or any other persons claiming through or under them from changing the nature of the petition Schedule A to C properties in any manner

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Learned counsel submitted that despite the filing of a detailed counter by the respondent, the interlocutory application continues to remain pending before the trial Court without any substantial progress. Such inaction, it is urged, has caused serious prejudice to the petitioner's rights, as the object of seeking interim relief over the subject matter of the suit stands frustrated by the prolonged delay. lt is, therefore, prayed that this Hon'ble Court be pleased to issue appropriate directions to the trial Court to dispose of the interlocutory application within a stipulated time frame.

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I have given due consideration to the submissions made by the learned ccunsel for the petitioner and carefully examined the material available on record

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Upon a perusal of the record, it is evident that l.A. No.157 of 2023 pertains to a prayer for ad-interim injunction restraining the responderrts from changing the nature of the Petition Schedule A to c properties ln this regard, the Hon'ble Supreme Court in Shrv Kumar Chadha v'. Municipal Corporation of Delhi, (1993) 3 SCC 161, emphasized that applications for interim reliefs must be decided expeditiously, as undue delay in their disposal may occasion injustice to a party^rruhose rights are in immediate jeopardy

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Having regard to the fact that the present interlocutory application has been pending since the year 2023 despite the respondert having filed their counter, and considering that such delay is likely to prejudice the petitioner's substantive rights, this Court is of the view that the matter warrants expeditious consideration by the trial Court.

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Accordingly, the trial Court is directed to take up l.A. No. 157 of 2023 in O.S. No.345 of 2023 on a priority basis and dispose of the same on its merits and in accordance with law, as expeditiously as

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possible preferably within a period of four (04) weeks from the date

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of receipt of a copy of this order

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With the above directions, this Civil Revision Petition stands

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disposed of. There shall be no order as to costs.

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Miscellaneous Petitions, pending if any, shall stand closed.

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Sd/. T.SRINIVASA REDDY ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To, 1 ]he Special Judicial Magistrate of First Ctass Mobile for Trail of Cases under PCR Act cum ilr Additionar Junior civir Judge, Karimnagar. 2. One CC to Sri S Nagesh Reddy, AdvocatejOpUCt iv-I e^{3. Two CD Copies}

"ABK^/BA

HIGH CICURT

DATED: 06102t2026

ORDER

CRP.No.367 of 2026