G Dayakar Rao vs. S Devendra

Final Order
Court:High Court of Haryana and Punjab
Judge:Hon'ble T.Amarnath Goud
Case Status:Disposed
Order Date:28 Sept 2021
CNR:HBHC010311062016

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble T.Amarnath Goud

Listed On:

28 Sept 2021

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Order Text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD CIVIL REVISION PETITION NO: 3091 OF 2016

Petition under Article 227 of the Constitution of India, aggrieved by the Order dated 29/02/2016 passed in I.A.No. 1700 of 2015 in I.A.NO. 106 OF 2015 in O.S.No. 51 of 2015, on the file of V Additional Junior Civil Judge, Warangal District.

Between:

G. DAYAKAR RAO, WARANGAL, S/o. G. Sudershan, Age 48 years, Occ : Police Constable, R/o. 18-5-135/1, Thotlawada, Kareembad, Warangal.

...PETITIONER/RESPONDENT NO.4/DEFENDNAT NO.4

AND

    1. S DEVENDRA, WARANGAL DIST & 5 OTHERS, W/o. Mahendra, Age 34 years, Occ : Household Work,
    1. Sola Supraja, D/o. Mahender, Age 15 years, Occ : Student
    1. Sola Sathwik,, S/o. Mahender, Age 13 years, Occ : Student, Respondents No.2 and 3 are Minors Rep. by their natural Mother and guardian, R/o. H.No.18-5-135/1, Thotlawada, Karimabad, Warangal City.

.....PETITIONERS/PLAINTIFFS.

    1. Sola Mahender, S/o. Narsaiah, Age 39 years, Occ : Agriculture,
    1. Sola Narsaiah, S/o. Late Kanakaiah, Age 65 years, Occ : Senior Citizen,
    1. Sola Sarojana, W/o. Narsaiah, Age 55 years, Occ : Household Work, Respondents 4 to 6 are R/o. G.P.No.3-100/6, Sanoem Village & Mandal, Warangal District. (Respondents No.4 to 6 are not necessary parties to this Civil Revision Petition)

...RESPONDENTS/DEFENDANTS/RESPONDENTS.

I.A. NO: 1 OF 2016(CRPMP. NO: 3953 OF 2016)

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 suspend the operation of the orders passed in I.A.No.1700/2015 in O.S.No.51/2015, dated 29-02-2016 on the file of V Additional Junior Civil Judge, Warangal, pending disposal of the suit.

SRI J. VENKATESWARA REDDY Counsel for the Petitioner SRI P. DEVENDER Counsel for the Respondents : The Court made the following: ORDER

SRI JUSTICET GOUD THE HON' BLE c.R,P. No,3091. of o16

spiR:

I{eard learned counsel for the petitioner and iearned counsel for the resPondents '

  1. 'lhis civil revision petition is filed aggrieved by the order d.arecl 29.O2.20i6 in I A No 1700 ol 2015 in l A No 106 of 20i5 in O.S,No.51 of 2015 passed by the V Additional Junior Oivil Judge' Warangal bY the 4Lr' delendant'

  2. On perusal o[ the record, the Court below allowed the petition and grantecl police aid directing the police concerned to pr(]vent thc resPondents therein from interfering with the petitioners therein over the possession and enjoYment of the petition schedule A property till disposal of main suit on the ground that the plaintiffs established prima lacie possession over the petition "A" schedule property as per Exs.P. I to P 6'

<sup>4</sup>. Le arned coun sel lor the petitioner submitled that the Court belou, failecl to see that the plaintilfs are not in possession and er-rjol'ment oi' rhe property and that the Court belrw has not assrgnecl any reasons in passing the orders and thar the police aid cannot be granted for implementation of orders oi temporary injunction ancl hence, prayed to set aside the order passed by lhc Court belor.l,,

5, Learned counseJ for the respondents submjtred that the order passed by the Court below is just and proper and needs no in terlerence of this Court

\

SECTION OFFICER

  1. Having regard to the facts and circumstances of the case' the civil revision petition is disposed of directing the Court below to dispose of the suit as early as possible' There shal1 be no order as to costs

Pending miscellaneous petitions, if any' shall stand closed

Sd/.N.CHANDRASEKHAR RAO ASSISTANTAEGISTRAR ( irb //TRUE COPY//

  1. The V Additional Junior Civil Judge' Warangal District.

  2. One CC to SRl. J VENKATESWARA REDDY Advocate [OPUC]

  3. One CC to SRl. P DEVENDER Advocate [OPUC]

  4. Two CD CoPies.

  5. One Spare CoPY

TL )^ ,

To,

DATED:28/09/2021

ORDER

CRP.No.3091 of 2016

DISPOSING OF THE C.R.P.