Smt. A. Mangamma v. Smt. P.Sunanda
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY ,THE TWENTY FOURTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CIVIL REVISION PETITION NO: 3570 OF 2018 Petition under section 115 of CPC Aggrieved by the Order dated 2710312018 in l.A.NO. 25412018 in A.S.No. 4312018 on the file of the court of the Xl Additional chief Judge, City Civil Court, Hyderabad.
Between:
Smt. A. Mangamma, W/o P.Suryanarayana Aged about 62 years, Occ- House Wife Rlo 1-1-77017, Flat No. 401 , Jai Kedari Nilayam Near Canara Bank' Gandhi Nagar, Hyderabad ...pETrrroNER/RespondenuPlaintiff AND Smt. P.Sunanda, W/o P.srikrishna Aged about 51 years' Occ- House Wife Rlo 1-7-631112/4/5, Gemini Colony, l\,4usheerabad, Hyderabad 500 020 Sri.P.Srikrishna, S/o P.Swany. Aged about- 56 years, Occ- Business Rlo 1-7-631t12lA/5, Gemini Colony lvlusheerabad, Hyderabad 500 020 ... RESPOND E NTS/Appella nts/Defendants lA NO: 1 OF 2018 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, lhe High court may be pleased to suspend the operation of the order and Decree in l.A.No. 253 of 2018 in A.S.No. 43 of 2018 dated 27-3-2018 on the file of Xl Addl. chief Judge, city civil court, Hyderabad pending disposal of the CRP.
lA NO: 1 OF 2019 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High courl may be pleased to hear the above CRP by fixing at an early date.
IA NO 1 0F 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 receive the certified copies of the injunction order passed in l.A No. 30 of 2014 in the o.S No. 2O4of2Ol4andXeroxcopyoftheFlR.,thesamemaybereceivedaspartofthe record.
SRI J. KANAKAIAH Counsel for the Petitioner :
SRI RESU MAHENDER REDDY Gounsel for the ResPondent :
The Court made the following: ORDER
THE HON,BLE DT, JUSTICE SHAMEEM AKTHER CIVIL REVISION PETITION No.3570 OF 2018
ORDER
This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the petitioner/plaintiff aggrieved by the order and decree, dated 27.03.2018, passed in I.A.No.253 of 2018 in A.S.No.43 of 2018 by the XI Additional Chief Judge, City Civil Court, Hyderabad, wherein the Court below suspended the judgment and decree, dated 29.L2.2077, passed in O.S.No.204 of 2074 by the XXI Junior Civil Judge, City Civil Court, Hyderabad.
2.
Heard the learned counsel for both sides and perused the record.
3.
In the course of submissions, it is brought to the notice of this Court by both the learned counsel that the aspect of existence of interim injunction during the pendency of O.S.No.204 of 2074 on the file of XXI lunior Civil Judge, City Civil Court, Hyderabad, was not properly considered by the appellate Court. This aspect as well as other merits oF the case are required to be considered by the appellate Court. On this ground, the impugned order, dated 27.03.2078, is liable to be set aside.
4.
Hence, the impugned order and decree, dated 27.03.2018, passed in I.A.No.253 of 2018 in A.S,No.43 of 2018 by the XI Additional Chief Judge, City Civil Court, Hyderabad, is set aside and the Court below is directed to dispose of I.A.No.253 of
I)r.S,\.J C.R.P.No.3570 (n l0lI 2018 afresh, after providing an oppoftunity oF hearing to both the parties on merits, within a period of one (1) month from the date of receipt of a copy of this order'
Accordingly, this Civil Revision Petition is ordered' There 5.
shall be no order as to costs'
pending in this Civil Miscellaneous Petitions, if anY, Revision Petition shall stand closed'
Sd/.K'AMMAJI ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, The Xl Additional Chief Judge' City Civil Court' Hyderabad' One CC to SRI J. KANAKAIAH Advocate IOPUCI One CC to SRI RESU MAHENDER REDDY Advocate IOPUC]
4. Two CD CoPies \^ TL
HIGH COURT DR.SA,J DATED:2411212020 esT,rtA 1H e 5oo P 1g JAil I \ * * r) FSPnTC
ORDER
CRP.No.3570 of 2018 ORDERING THE G.R.P.
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