Smt. K. Soudamini v. K. Sriharsha

tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY CIVIL REVISION PETITION NO: 1920 OF 2022 Petition under Article 227 of Constitution of lndia aggrieved by the order dated 10-06-2022 in tA No.l99 of 2021 in O.S.No. 462 ot 2021 on the file of the Court of the XVll Additional Senior Civil Judge, City Civil Court, Hyderabad. Between:

1. Smt. K. Soudamini, W/o Late Sri K.S.R Anjaneyulu, Occ- Retired from LlC, R/o 12-2-7901140, Ayodhya Hyderabad - 500028.

2. K. Srinivas, S/o Late Sri K.S.R. Anjaneyulu, Employee R/o 2nd Floor, H. No. 1 Mehdipatnam, Hyderabad 500028 Aged about 71 years, Nagar, Mehdipatnam, Aged about 45 years, Occ- Pvt 2-2-7901140, Ayodhya Nagar, ...PETITIONERS AND K. Sriharsha, S/o. Sri Late Sri K.S.R. Anjaneyulu, Aged about 40 years, OccSoftware Professional, R/o lstfloor, H. No. 12-2-7901140, Ayodhya Nagar, lr/ehdipatnam, Hyderabad - 500028. ( filed the suit without mentioning his correct address) ...RESPONDENT lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to suspend the operation of order in lA No. 19912021 in O.S. No.46212021 on the file of learned XVll Addl. Senior Civil Judge, City Civil Court, Hyderabad during the pendency of the above Civil Revision Petition in the interest of justice.

'/// lA NO: 2 OF 2022 lN lA NO. 1 OF 2022 !N CRP NO. 1920 OF 2022 Between:

K. Sriharsha, S/o. Sri Late Sri K.S.R. Anjaneyulu, Aged about 40 years, OccSoftware Professional, R/o 1st floor, H. No. 12-2-7901140, Ayodhya Nagar, Mehdipatnam, Hyderabad - 500028. ( filed the suit without mentioning his correct address) ... PETITIONER/RESPONDENT AND

1. Smt. K. Soudamini, W/o Late Sri K.S.R Anjaneyulu, Aged about 71 years, Occ- Retired from LlC, R/o 12-2-7901140, Ayodhya Nagar, Mehdipatnam, Hyderabad - 500028.

2. K. Srinivas, S/o Late Sri K.S.R. Anjaneyulu, Aged about 45 years, Occ- Pvt Employee R/o 2nd Floor, H. No. 12-2-7901140, Ayodhya Nagar, Mehdipatnam, Hyderabad 500028 ... RESPONDENTS/PETITIONERS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to vacate the interim stay order granted in l.A.No.1l2O22 in C.R.P.No.1920 of 2022 dated 02-09-2022, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

Gounsel for the Petitioner : Sri M. KANAKA DURGA Counsel for the Respondent : Sri B. SESHU KUMAR The Court made the following: ORDER

,/ THE HON'BLE SRI JUSTICE A.VENI(ATESHWARA REDDY CIVIL ON PETITION NO. L920 0F 2022 ORDER:

This Civil Revision Petition is filed by the petitioners/defendants against the respondent/plaintiff assailing the order dated 10.06.2022 in I.A.No.199 of 2O2l in O.S.No.462 of 2O2l on the file of the learned XVII Additional Senior Civil Judge, City Civil Courts at Hyderabad.

2.

Along with the civil revision petition, the petitioners have filed I.A.No.1 of 2022 to suspend the operation of orders in I.A.No.l99 of 2021 in O.S.No.462 of 2O2l on the file of the XVII Additional Senior Civil Judge, City Civil Courts at Hyderabad and as per orders dated 02.O9.2022 interim suspension, as prayed for, was granted with a direction to list the matter on L4.LO.2O22. Meanwhile, the respondent/plaintiff has filed vacate petition vide I.A.No.2 of 2022 to vacate the orders dated O2.O9.2022 suspending the orders in I.A.No.199 of 2O2l in O.S.No.462 of 2021.

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3.

Heard learned counsel for the revision petitioners and respondent. The submissions made on either side have received due consideration of this Court. 4.

For the sake convenience, the parties hereinafter referred to as plaintiff and defendants 5.

The plaintiff has filed Original Suit in O.S.No.462 of 2O2l for partition and separate possession of his share in house bearing No.12-2-790/140, Ayodhya Nagar, Mehdipatnam, Hyderabad (hereinafter referred to as 'suit house'). Along with the Original Suit, the plaintiff has filed I.A.No.199 of 2O2l under Order XXXIX, Rule-l and 2 of Civil Procedure Code (for short 'CPCJ and the Court below has passed a restraint order against the defendants, their agents and servants from indulging in illegal and unlawful acts of locking of main entrance of the petitioner's property and stoppage of water etc., and such interim orders were extended from time to time without disposing of I.A.No.l99 of 2021.

6.

Feeling aggrieved by the said orders, the defendants have filed this civil revision petition.

AVR,J cRP-t920 2022 7.

The relationship between the parties is not in dispute. The plaintiff is the second son of defendant No.1 and defendant No.2 is the elder son of defendant No.1, they are residents of the suit house, differences arose between the plaintiff and defendant No.1 and recently, the plaintiff has vacated the suit house and not living in it. It is alleged by the plaintiff that at the behest of defendant No.2 and his wife the defendant No.l has become very rude with the plaintiff and causing troubles to him, due to which the heatth of plaintiff's wife became deteriorated. Finally, the plaintiff has got issued a legal notice to the defendant No.1 claiming partition and separate possession of his share in the suit house. The l"t defendant has also got issued a suitable reply denying his claim. As such, the Original Suit is filed.

8.

The grievance of the defendant No.l is that without disposing of I.A.No.199 of 2021, despite filing her counter, the Court below has been extending interim order from time to time and thereby the plaintiff is causing unnecessary nuisance and trouble at the suit house and

AVR,J cRP_1920-2022 that she is ready and willing to co-operate with the trial Court for expeditious disposal of the matter 9.

Learned counsel for the plaintiff, who has filed vacate petition vide I.A.No.2 of 2022, also submits that the written statement of the defendants is filed, issues are settled and in-fact, the plaintiff is ready with his evidence affidavit in lieu of chief-examination. Accordingly, both the parties have requested for a direction to the trial Court for expeditious disposal of the Original Suit itself instead of dealing with interlocutory application.

10. Be it stated that the Original Suit was filed on 18.08.2021 along with I.A.No.199 of 2021 but the trial Court failed to dispose of the salne till date despite the fact that the respondents/defendants have filed counters long back. Now both the parties are ready and willing to proceed with the trial in the main suit with a prayer to direct the trial court for expeditious disposal of the Original Suit.

II l 1 1. Therefore, considering the relationship between the parties and the age of the 1"t defendant, who is a senior t

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cRP t9202022 citizen and widowed mother of the plaintiff and defendant No.2 and claiming suit house as her self-acquired property and that both the plaintiff and defendant No.2 are living in ll l t the said house in separate portions and that recently the plaintiff started living outside but claiming his share in the suit house, I find justification in the request made ,by learned counsel on both sides. Accordingly, the interim suspension orders in I.A.No. I of 2022 dated O2.O9.2O22 suspending the operation of the orders in I.A.No.199 of 2O2l is made absolute till disposal of the Original Suit and the vacate petition in I.A.No.2 of 2022 shall stands dismissed.

12. In the result, the civil revision petition 1S allowed, orders impugned dated 1O.06.2022 in I.A.No.199 of 2021 in O.S.No.462 of 2021 are hereby set aside. The learned XVII Additional Senior Civil Judge, City Civil Courts at Hyderabad shall make every endeavour to dispose of O.S.No.462 of 2021 within six months from the date of receipt of copy of the order. Both the parties to the suit shall co-operate for expeditious disposal of the Original Suit as directed. However, in the circumstances of the t

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case, there shall be no order as to the costs. Miscellaneous applications, if any pending, shall stands closed. K. AMMAJT ASSrsrANTor9PDl* \_ t0 SECTION OFFICER //TRUE COPY// To,

1. The XVll Additional Senior Civil Judge, City Civil Court, Hyderabad

2. One CC to Sri M. KANAKA DURGA, Advocate [OPUC]

3. One CC to Sri B. SESHU KUMAR, Advocate [OPUC]

4. Two CD Copies.

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\ HIGH COURT DATED:2211112022 STATG 1vrB fo q & [ 3 ftB ?[23

ORDER

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+ CRP.No.1920 ot 2022 CIViL REVTSION PETITION IS ALLOWED;

NO ORDER AS TO THE COSTS b 99L