Yadagiri Vollela v. Mada Krishna
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE T.VINOD KUMAR C R P NO: 719 OF 2021 Petition under Article 227 of the Constitution of lndia, to direct Senior Civil Judge, Kamareddy to dispose of O.S. No.69 of 2019 pending on its file expeditiously.
Between:
1. Yadagiri Vollela, S/o Late V. Rajaiah, Aged 43 years, Occ. Government Teacher, R/o H.No. 14-59, Sutharigalli, Near RTC Bus stand, Bibipet, Kamareddy Mandal, Nizamabad District.
2. Swapna Vollela, W/o V. Yadagiri, Aged 38 years, Housewife, Fi"/o H.No. 14-59, Sutharigalli, Near RTC Bus stand, Bibipet, Kamareddy Mandal, Nizamabad District.
3. Prameela Vollela, W/o Late V. Rajaiah, Aged 67 years, Occ. House wife' R/o - H.No. 14-59, Suiharigalli, Near RiC Bus-Stand, Bibipet, Kamareddy [r4andal, Nizamabad District.
...PETITIONERS/DEFENDANTS AND
1. Mada Krishna, S/o Narayana, Aged 56 years, Occ. Driver, FVo H No 16-18, Main Road, Bibipet Village and Mandal, Kamareddy o,t,l'.lk=aro*DENT/PLAtNTtFF
2. Pabba Yadagiri, S/o Gouraiah, ageq 65 years, Occ, Retired Govt' Teacher, R/o - H.No.1o-lS,iJradammagalli, Nedr Bibip6t Village and Mandal, Karmareddy District.
...RESPONDENT/4TH DEFENDANT Counsel for the Petitioners: SRI' G SUNDARESAN Counsel for the Respondents: None appeared The Court made the following: ORDER
I THE HON'BLE SRI JUSTICE T' VINOD KUMAR CIvIL SION N NO.719 0F 2021 o ORDER:
TheCiviiRevisionPetitionisfiledbythepetitionersseeking a direction to the court below to dispose of the O-S No 69 of 2019 on the file of Senior Civil Judge, at Kamareddy' 2.
The petitioners herein are the defendants in the suit' The respondents filed the above suit for permanent injunction in respect of the suit schedule property'
3.
Heard the learned Counsel for the petitioners 4.
The learned Counsel for the petitioners sought to impress upon this court that the suit fi1ed by the respondent/ plaintiff being a suit simplicitor for permanent injunction' this Court may be pleased to direct the Court below to dispose of the suit itself' S.LearnedCounselforthepetitionershowever'doesnot dispute the fact that the Court below had granting ad-interim injunction on 16.10.20i9 in I'A' No 432 of 2OI9 in O'S' No 69 of 2019 fi1ed by the respondents herein and the said injunction order is sti1l subsisting.
6.
Learned Counsel for the petitioners submits that the written statement in the suit as well as the counter in the above I'A' had been filed by the petitioner/ defendant on 13 02 2o20' Even after filing counter, the I.A. has not been disposed of and the ex parte injunction granted is being extended from time to time' Learned Counsel for the petitioners also submits that the order of granting ex parte injunction by the Court below is without assigning any
reasons and contrary to law declared by the Hon,ble Apex Court in Shia Kumd.r Chadha etc,, o. Munlcipq.l Cotp. of Delhtr. 7 .
i see considerable force and justification in the submissions made by the learned Counsel for the petitioners. In view of the above, the Civil Revision petition is disposed of and learned Senior Civil Judge, at Kamareddy, Kamareddy District, is hereby directed to dispose of the LA. No.432 of 2O2O in O.S. No. 69 of 2019, within a period of six weeks from the date of receipt of copy of this order, after hearing both sides. The petitioners are also permitted to place a copy of this order before the Court below and seek for early disposal of the LA.
8.
The miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
1-(iie-5F3ee16T SD/.SAILESHI ASSISTANT REGISTRAR I\ \l'/ //TRUE COPY// SECTION OFFICER To, The Senior Civil Judge, Kamareddy.
One CC to SRl. G. Sundaresan, Advocate [OPUC] J CDL TP \..h,- Two CD Copies One Spare Copy
HIGH GOURT DATED: 0810O12021 T4 14.
e l.t -1
ORDER
e d zBJrtNlstt zo .L CRP.No.7'19 of 2021 * T DISPOSING OF THE C.R.P @ 1) h 2b