V. Narsimha Reddy v. Sri G.Sunil Kumar
i.
I 2s83 l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY. THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO .
:PRESENT:
THE HON.BLE SRI JUSTICE A.RAJASHEKER REDDY .
CIVIL REVISION PETITION NO: 1378 OF 2021 Between:
V. Narsimha Reddy, S/o. V. Linga Reddy, ...Petitioncr/Defendant No.5 AND
1. Sri G.Sunit Kumar, S/o. Sri Shyam Rao, Age about 36 years, Occ: Business fuo H.No. D68, B-Blocks Colony, Behind Mumtaz College, Malakpet, Hyderabad.
2. Sri D.V.Reddy, S/o. Sri D.B.Reddy, Aged about 56 years, Occu: Business, R./o. H.No. 1l-ll-10/2, Plot No.12, Indira Nagar, Road No.1, K.V.Ranga Reddy, Telangana State. ....Respondents/Plaintiffs
3. Mohammed Tariq Yousuf, S/o. Mirza Yousuf, Aged about 44 years, Occ: Business, R./o H.No. I 8-2-598, .langammet, Falaknuma, Hyderabad.
4. Noor Mohammed Khasim, S/o. Khasim Shaik Alias Saleem, Aged 28 years, R/o. Saidabad Colony, Malakpet, Hyderabad.
5. Mohammed Fasiuddin. S/o. Mohammed Salauddin alias Patel, Aged 37 years, R/o. Saidabad Colony. Malakpet, Hyderabad.
6. Subhash Lekhraj Gupta @ Subhash Kumar, Sio. late Lekh Raj Gupta, Aged 78 years, Occu Business. R/o. Plot No.252, Road No.3, Banjara Hills, Hyderabad (Respondents No.3 to 6 are not necessary parties to this petition) Respondents Petition under Arlicle 227 of the Constitution of India praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased to set aside the Injunction granted by the II Additional Junior Civil Judge-cum-ll Additional Metropolitan Magistrate, Rana Reddy District, at L.B.Nagar, in IA.No.l3412021 in OS.No.103212021 dated 05.08.2021.
IA NO: I OF 2021 Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the ad-interim injunction granted by the IInd Additional Junior Civil Judge - Cum - IInd Additional Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar in IA No. 134/2021 in OS No.l03212021 dated 0510812021, pending disposal of the CRP No. 12021, Pending disposal of CRP I 378 of 2021 , on tlre file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRLN.PRAVEEN REDDY Advocate for the Petitioner, the Court made the following.
OII.DER In pursuance of the docket order dated 04.02,2022, the court below i.e., II Additional Junior Civil Judge - cum - II Additional Metropolitan Magistrate at L,B,Nagar, Il.R. District filed explanation for not disposing of LA.No.134 of 2021 in O.S.No.1032 of 2021 rvithin the time frame fixed by this court. The case of the revision petitioner / defendant No.5 is that the respondents I and 2 herein, who are plaintiffs in the suit, filed I.A.No.l34 of 2021 and obtained ex parte ad &'-_--
interim injunction, and they are in collusion with respondents 2 and 3 in the said application, and because of the same, notice is not being served on them, and though the revision petitioner filed counter affidavit and vacate petition in the said Interlocutory Application, the court below without examining this aspect, is adjourning the matter. He further submits that in spite of the directions of this court, the court below has now adjourned the matter by two months, The above circumstances show that the court below has not taken in all its seriousness the directions of this court for disposal of the I.A., and further the posting of the matter after two months despite the time framed fixed by this court shows the scant receipt for the directions of th is court. Fu rther a perusal of the explanation shows that it is not convincing.
Having regard to the facts and circumstances of the case, the court below to examine the averments made by the revision petitioner for non-service of notice on respondents 2 and 3 in the Interlocutory Application, and take action in accordance with law for disposal of the Interlocutory Application. It is open for the revision petitioner to file an advancement petition, and the court below to look into the same and take action in accordance with law. List after two weeks on 2*02.2022.
sD/-v.suDHA ASSISTANT REGISTRAR I, NO SECTIO FFICER To l. II Additional Junior Civil Judge - cum - II Additional Metropolitan Magistrate at L.B.Nagar. R.R. District (By Special Messenger)
2. Sri G.Sunil Kumar. S/o. Sri Shyam Rao, R/o H.No. D68, B-Blocks Colony, Behind Mumtaz College, Malakpet, Hyderabad. (by RPAD)
3. Sri D.V.Reddy. S/o. Sri D.B.Reddy, R/o. H.No. I 1-l 1-l 0/2, Ptot No. 12, Indira Nagar, Road No. I . K.V.Ranga Reddy, Telangana State. (by ttPAD)
4. One CC to SRI. N PRAVEEN REDDY Advocate [OPUC]
5. One spare copy //TRUE COPYI/
HIGH COURT ARR.J DATED;11.02.2022 - NOTE: LIST AFTER TWO WEEKS oN 25.02.2022 CRP.NO.1378 0F 2027 DIRECTION / IiB TN L