Dr. Atluri Pallavi And 3 Others v. Sri. Kesandla Narayana Reddy
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO AND THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD CIVIL MISCELLANEOUS APPEAL NO: 304 OF 2020 Appeal Unc{cr Orc'ler 43 Rule 1 of Code of Civil Procedure against orcler c-latecl 20-08-2020 in I.A.No. 294 of 2020 in O.S. No .70 of 2020 on the file of the Court of the XVI Additional District and Sessions Judge at Malkaigiri Ranga Redcty District.
Between:
1. Dr. Atluri Pallavi, W/o. Dr. Sridhar, Hindu, Aged about 52 years, Occ. Doctor, Flat No. 5917117, Viswaroopa Residency, Gayatri Nagar, Vijayawada.
2. Smt. Atluri Radhika, Wo. P. Panduranga Rao, Hindu, Aged about 55 years, Occ. Housewife, R/o. Near Milk Chilling Centre, Hanuman junction, Krishna District.
3. Sri. Achanta Srikanth, S/o. A.P. Rao, Hindu, Aged about 50 years, Occ. Employment, PJo.20211, Apsenwilde Drive, Houston, CY Press, Texas - 77433.
4. Smt. Achanta Bhanu Sri, D/o. A.P. Rao, Hindu, Aged about 56 years, Occ. Employment, R/o. '1 1, Hillock Woods, The Wood Lands, Texas. (Appellants No.3 and 4 are being represented by their GPA Holder A.P. RAO, S/o. Late Kotaiah, Hindu, aged about 80 years, Occ. Retd Employee, Rlo. 2-2-1112, DD Colony, OU Road, Hyderabad.) ...APPELLANTS/PLAINTIFFS AND Sri. Kesandla Narayana Reddy, S/o. K. Janga Reddy, aged about 66 years, Occ Agriculture, R/o. Plot No. 158, Balamrai Society, Mahendra Hills, East Marredpally, Secunderabad.
...RESPONDENT/DEFENDANT lA NO: 2 OF 2020 Application Under Order XXXIX Rules 1 & 2 read with Section 151 CPC praying that in the circumstances slated in the accompanying affidavit, the High Court may be pleased lo grant interim injunction against the respondent and his men and persons claiming through him over the suit schedule property in os No. 70 of 2o2o on the file of Honourble xvl Additional District and sessions Judge, at Malkajgiri, Ranga Reddy District pending disposal of the Civil Miscellaneous Appeal
SCHEDULE OF PROPERTY All that agricultural land in an extent of Ac. '18.'19 situated in Sy.No. 350,351 and 353 of Boomaraspet, Medchal presently under Shamirpet Mandal, Ranga Reddy District being bonded by:
BOUNDARIES:
i.
I NORTH : Land of Captain P. Mohan SOUTH: Outer Ring Road EAST: Neighbors Land WEST: Land of G. Krishna Prasad Counsel for the Appellant(s):SRl. K V SIMHADRI Counsel forthe Respondent: None Appeared The Court made the following: ORDER
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CMA.No.3O4 of 2O2O ORDER:
Heard counsel for the appellants.
2. The essential grievance of the appellants herein is that IA.No.294 of 2O2O filed by the appellants in OS.No.7O of 2O2O before the XVI Additional District & Sessions Judge, Malkajgiri, Ranga Reddy District was adjourned for a long a r !
time by the said Court on 20.O8.2O2O to 14.O9.2O2O. 3.
Counsel for the appellants urges that there is grave urgency in the matter and that the Court below could not have adjourned the matter to such a long date when there is imminent threat of dispossession alleged by the appellants.
4. Though technically this appeal may not be maintained, we are inclined to treat this Appeal as an application under Article 227 of the Constitution o[ India.
5. Accordingly, we direct the XVI Additional District & Sessions Judge, Malkajgiri, Ranga Reddy District, to either decide the application IA.No.294 of 2O2O filed by the appellants in OS.No.7O of 2O2O pending before the said Court within one week from today or if there is likely to be more
,) delay, consider grant of ex-parte relief to the petitioner in accordance with law.
6. With the above directions, this application is disposed of. No order as to costs.
7. Consequently, miscellaneous petitions pending if any, shall stand closed.
B.
HI EEVt JOINT REGI //TRUE COPY// sEcTlo OFFICER \ To,
1. The xvl Aclctitional District and sessions Judge a Malkajgiri Ranga Reddv District.
2. one cb to snt. K V SIMHADRI Advocate [oPUC]
3. Two CD CoPies
HIGH COURT MSRJ & TAJ DATED:01 10912020 lo 02 SEP2ff20 ,'
C)
ORDER
CMA.No.304 of 2020 i i i i I I I ;
:
I DISPOSING OF THE CMA WITHOUT COSTS )p\-o i i l I I lI I