[ 2586 ]

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

PRESENT: THE HONOURABLE SRI JUSTICE P NAVEEN RAO CRP NO: 1928 OF 2021

Between:

• 1. Mohd. Kurshid Abubakar, S/o. Jaffar
• 2. Mohd. Kurshid Akhthar Bhanu Begum @ Akhthar Begum, W/o. Mohd. Kurhshid Abubakar,
• 3. Gorre Chitti Babu, S/o. Narsaiah

Petitioners/Respondents/Defendants

AND

Cheekati Sridhar, S/o. Narsaiah, Occ- Private Employee, R/o. Aleru village, Nellikudur Mandal, Mahabubabad District.

Respondent

WHEREAS the Petitioner above named through their Advocate Sri M Damodar Reddy presented this Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased to call for the records of the impugned order dated 09/11/2021 in C.M.A. No. 4/2020 on the file of VI Addl. District Judge, Mahabubabad, in allowing C.MA. No. 4/2020 by reversing the order passed in I.A. No. 340/2019 in O.S. No. 146/2019 on the file of Principal Junior Civil Judge, Mahabubabad in dismissing the interim application of the respondent in respect of the suit property and same may be set aside and consequently dismiss I.A. No.340/2019 by restoring the order Trial Court;

AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri M Damodar Reddy Advocate for the Petitioner, directed issue of notice to the Respondents herein returnable by 21.01.2022 to show cause as to why this CIVIL REVISION PETITION should not be admitted;

You viz;

Cheekati Sridhar, S/o. Narsaiah, Occ- Private Employee, R/o. Aleru village, Nellikudur Mandal, Mahabubabad District.

are directed to show cause on or before 21.01.2022 to which date the case stands posted as to why in the circumstances set out in the petition and the memorandum of grounds filed therewith (copy enclosed) this CIVIL REVISION PETITION should not be admitted.

IA NO: 1 OF 2021

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 impugned order dated 09/11/2021 in C.M.A. No.4/2020 on the file of VI Addl. District Judge, Mahabubabad, pending disposal of CRP No. 1928 of 2021, on the file of the High Court.

The Court made the following:

ORDER

Notice before admission returnable by 21.01.2022.

List on 21.01.2022.

The issue arises with regard to property to an extent of 150 sq. yards of open plot in Mahabubabad Town. While plaintiff claims that the Municipality has assigned house number as 5-2-46/7 and the defendants are interfering into his possession and enjoyment of the said house plot, whereas the case of the defendants is that the link document of the sale deed by which the purchase stated to have been made by the plaintiff reflects the house number as 5-2-46/2 and if there was clerical error in the link document that ought to have been corrected by due process, but without correcting the same, the registered document by which the plaintiff claims to have purchased is rectified and now reflecting the house number as 5-2-46/7 and by said improvements the plaintiff is trying to claim possession and disturb their possession. Though this is the categorical assertion of the defendants, the first appellate Court has not considered the said objection, while granting injunction reversing the decision of the trial Court.

There shall be interim suspension as prayed for.

//TRUE COPY//

SD/- K AMMAJI Assistant Registrar

SECTION OFFICER

To,

• 1. The VI Addl. District Judge, Mahabubabad
• 2. The Principal Junior Civil Judge, Mahabubabad
• Cheekati Sridhar, S/o. Narsaiah, Occ- Private Employee, R/o. Aleru village, Nellikudur Mandal, Mahabubabad District. (by RPAD- along with a copy of petition and memorandum of grounds)
• 4. One CC to Sri M Damodar Reddy Advocate [OPUC]

5. One spare copy

HIGH COURT

PNRJ

DATED:10/12/2021

LIST ON 21.01.2022

NOTICE BEFORE ADMISSION

CRP.No.1928 of 2021

INTERIM SUSPENSION