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High Court for State of TelanganaCRP/1305/2020disposed of no costs

M/S. Shanta Sriram Constructions Pvt. Ltd v. Thogaru Upender

2020-12-18M.S.Ramachandra Rao4 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE M.S,RAMACHANDRA RAO CIVIL REVISION PETITION NO: 1305 OF 2020 Petition Under Article 227 of Conslitution of lndia against the Docket order dated 02-12-2020 in LA. NO. 553 of 2020 in O.S. No. 52 of 2020 on the file of the Court of the Xll Additional Chief Judge, City Civil Court, Secunderabad.

Between:

M/s. SHANTA SRIRAM CONSTRUCTIONS PVT. LTD, having its registered office at 501, Amogh Plaza, beside Grand Kakatiya Hotel, Begumpet, Hyderabad-500016, represented by its Managing Director, M.Narsaiah, son of Sriramulu, aged about 50 years, Occupation- Business, resident of H.No.8-24171N2, Road No. 6, Banjara Hills, Hyderabad. ...PETITIONERl/ Plaintiff AND THOGARU UPENDER, son of Laxmi Narayana, aged about 30 Years, Occupation- Business, resident of 1-81, l/unagala Mandal, Venkatramapuram, Suryapet, Nalgonda.

...RESPONDENT/ Defendant lA NO: 't OF 2020 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 dispense with filling of the Certified Copy/typed copy of the Docket Order dated 02.12.2020 passed in 1.A.No.553 of 2O2O in O.S.No.S2 o'f 2020 on the file of the Hon'ble Xll Additional Chief Judge, City Civil Court, Secunderabad pending disposal of the above Revision .

lA NO: 2 OF 2020 Petition under Order 39 Rule I and 2 of CPC R/w. Section. 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant a temporary injunction in favour of Petitioner/Petitioner and against the RespondenVRespondent restraining the RespondenVRespondent, his henchmen, agents, representatives or any person or persons acting under him or through him or on his behalf from interfering with the peaceful possession and enjoyment of the Petitioner/Petitioner over the Petition Schedule Property pending final disposal of the above revision Counsel for the Petitioner: SRl. ZEESHAN ADNAN MAHMOOD Counsel for the Respondent:

The Court made the following: ORDER

/I THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CRP.No.13O5 of 2O2O ORDER:

This Revision is filed under Article 227 of the Constitution of India challenging the Docket Order dt.O2.12.2O2O in IA.No.553 of 2020 in OS.No.52 ol 2O2O ol the XII Additional Chief Judge, City Civil Court, Secunderabad, issuing urgent notice to the respondent.

2. Counsel for the petitioner states that the matter is extremely urgent and that if the application for ad-interim injunction in IA.No.553 of 2O2O is not considered, there is threat of dispossession of the petitioner by the respondent.

3. It is also informed that the lower Court, having issued urgent notice to the respondent on 02.I2.2O2O and directed the matter to be called on 09 . l2.2O2O , has subsequently on 09.12.2O2O adjourned the matter to 18.01.202 1.

4. In view of the urgency pleaded by the counsel lor petitioner, the XII Additional Chief Judge, City Civil Court, Secunderabad, sha11 advance the hearing of the said IA.No.553 of 2O2O in OS.No.52 of 2O2O, after giving notice to both sides, and consider the interim application IA.No.553 of 2020 on or before 07.O1.2021, and decide whether in the circumstances an ex parte ad-interim order could be granted to the petitioner.

5.

Accordingly, this Civil Revision Petition is disposed of. No order as to costs.

6.

Consequently, miscellaneous petitions pending if any, shal1 stand closed.

Sd/.I.NAGA LAKSHMI ASSISTANT REGISTRAR //TRUE COPY// SECTIONT OFFICER To

1. The Xll Additional Chief Judge, City Civil Court, Secunderabad.

2. One CC to SRl. ZEESHAN ADNAN MAHMOOD Advocate [OPUC]

3. Two CD Copies "$r..-

HIGH COURT MSRJ DATED:1811212020 o 22DEC?.gI,

ORDER

c).\ sCRP.No.1305 of 2020 {1r..- _.,1, DISPOSING OF THE CRP WITHOUT COSTS )v )) \.)/