N Janaki Ramulu v. N. Ramesh
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CIVIL REVISION PETITION NO: 1759 OF 2022 Petition under Article 227 of Constitution of lndia, aggrieved by the Order dated 05/01/2022 in lA No.669/2017 in OS No.142l2O17 on the file of the Court of ;
the Principal Senior Civil Judge, Mahabubnagar FAC Il Additional Senior Civil Judge (FTC) Mahabubnagar.
l Between,:
1. N. Janaki Ramulu, S/o Late N. Damodar, r 2, N. Srinivasulu, S/o Late N. Damodar, AND ...PETITIONERS/ APPELLANTS N. Ramesh, S/o Late N. Govindu, ...RESPONDENT/ RESPONDENT lA NO: 1 OF 2022 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to suspend :
the order Dt. O5lO1l2O22 passed in lA No. 669/2017 in OS 14212017 passed by j the ll Additional Senior Civil judge, FTC at [Vlahboobnagar. , For the Petitioners : SRI P.SHIVA REDDY, Advocate Forthe Respondent: NONE APPEARED It The Court made the following: ORDER t l :
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THE HONOURABLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No. 1759 of 2o22 ORDER:
Heard the learned counsel for the petitioners. 2.
Respondent had file a suit vide O.S.No. 142 of 2OlZ for injunction simplicitor. Along with the said suit, he has a-lso Iiled an interlocutory application vide I.A.No.6 69 of 2OlZ for temporary injunction. Vide order dated O5.Ol.2022,lea:ned, II Additional Senior Civil Judgc (FTC) at Mahabubnagar has granted interim injunction. it is an order on contest. Feeling aggrieved by the said order, the petitioners herein/ defendants in the said suit had filed an appeal vide C.M.A.No.4 of 2022 along with an I.A. seeking to suspend the said order. The grievance of the petitioners in the present civil revision petition is that the Appellate Court is not taking up the said I.A. or the appeal itself. There is an injunction order against the petitioners herein. Therefore, they are seeking a direction to { the Appellate Court to decide the said I.A. and the appeal as {- ( ( expeditiously as possible.
3.
As stated supra, the trial Court has passed temporary injunction on 05.01.2022 and it is an order on
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contest. The Appeal was filed on 30.03.2O22 and the same is not in dispute. Along with the said Appeal, the petitioners herein have filed an Interlocutory Application under Order 41 Ruie 5 ol CPC seeking to suspend the said order' The grievanceofthepetitionersisthatthellAdditionalseniorCivil Judge (FTC) at Mahbubnagar is not taking up the said I'A' which is causing irreparable loss and injury to them' 4.
Considering the said facts, this Civil Revision petition is disposed of directing the II Additional District Judge at Mahbubnagar to dispose of the Interlocutory Application filed by the petitioners in C.M.A.No'4 of 2022 seeking to suspend the order dated 05.01.2022 in I'A'No'669 of 2022 in O.S.No.142 of 2Ol7 passed by the II Additional Senior Civil Judge (FTC) at Mahbubnagar in accordance with law' as expeditiousiy as possible.
Miscellaneous petitions, if any, pending, shall stand closed.
Sd/.P.PADMANABHA REDDY ASSISTANT REGISTRAR tl Ii //TRUE COPY'
a SECTION OFFICER To' 1.
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The Princioal Senior Civil Judge, Mahabubnagar' The ll Additional Senior Civil Judge (FTC), Mahabubnagar' On" CC to Sri P.Shiva Reddy, Advocate [oPUC] Two CD CoPies One Spare CoPY Kj L It
HIGH COURT DATED:11108t2022 srAi€ O;
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ORDER
CRP.No.1759 ot 2022 J t t { CRP IS DISPOSED OF.
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