Vicky Singh v. Avula Venkatesh

HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.4872 of 2015 ORDER :

This revision petition is filed by the plaintiff in the suit in O.S.No.2391 of 2014 on the file of VIII-Junior Civil Judge, City Civil Court, Hyderabad, aggrieved by order, dated 06.10.2015, passed in I.A.No.390 of 2015.

2. In the suit filed by the petitioner, who is a tenant, he has filed I.A.No.390 of 2015, seeking directions to the Station House Officer, Mangalhat P.S., to provide police aid for implementation of injunction orders passed in I.A.No.794 of 2014 in O.S.No.2391 of 2014. By impugned order, dated 06.10.2015, the said application is dismissed.

3. In this case, it is to be noticed that the impugned order in I.A.No.390 of 2015 is passed dismissing the application, based on the order passed in I.A.No.391 of 2015, which was filed for receiving certain documents. As such, the issue involved in I.A.No.391 of 2015 will not have any bearing on the issue which fall for consideration in the present I.A. i.e. I.A.No.390 of 2015, which is to be considered independently. Hence, the reason assigned in the impugned order is no ground to reject the application in I.A.No.390 of 2015.

4. For the aforesaid reasons, the revision is allowed

and the impugned order, dated 06.10.2015, passed in I.A.No.390 of 2015, is set aside and the said I.A. is restored to file. The trial Court shall consider the said application afresh, on its own merits, by giving opportunity of hearing to the parties. No costs.

Pending miscellaneous applications, if any, shall stand closed.

______________________ R. SUBHASH REDDY, J 18th December 2015 ajr