Vadayala Vijay Kumar v. Smt. Beeki Deva,
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE T rwo*rou&EilorXt*f,IP,fI"Trr_=.EEMBER PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY CIVIL REVIStoN PETITION NO:3612 oF 20 3 f "1,".ffi si:ffi fl{*.#j,#ttfi t"l jLt?r,i",8lfi :*,H;ji"; l; r', Between:
1. VADAYALAVIJAYKUMAf ;:nlir;g;##5;1;1"J^'"31,[fi i,ofl,:x,,o.'Hi'9J,"-: rs, Occ. pvt Neredmet,
2. SMT.,VADAYALA pAVANt, Wto. Vadavata Vi il:ii #"#: fi #[?,fl? Sij#- 6: 6'K:' t;i[?,,^fi gtsgigSlPl[?.,J,,?i!i:
...PETtTIONERS/Appticants AND 'igrILH'?,:'f ;Hlflf:jntir,x#ir#?,ffi ur"rT?;8?p;, :
No.4 .. RespondenVpetitioner/proposed Respondent N,I
2. The Commissioner. Dcp€rtment of Endowments, Having its office at. Boggulkunta, Abids, Hyderabad.
3. TheAssistant Commissioner, Department of Endowments, Secunderabad ,.
4. Sri Fakir Baba Missron Trust, Flat No_11, 12-5-S5/A, Badam Apartment, Vijaypuri, Taranaka Secunoeraoio, gv,j6r'ri,Jaliliri.,gana 50ool 7. ...RESpONDENTS/Respondents IANO:1OF2023 Petition under Seclion f 51 cpc praying thar in lhe circumstances stated in the affidavit fired in support o.f the petition, tnj Hign corrt ,uy be preased to stay alr. further proceedings in oA No. 112023 0n tni rie oi Terangana enoo*r"nti Tribunal, Hyderabad,
-2Counsel for the Petitioner : SRI' V VENKATA MAYUR' Advocate Counsel for the Respondents: None Appeared'
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S,iSB}lS{* +ffi+€ifrj t.i:13ffi1:&tt The Court made the following ORDER:
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THE HON'BLE SRI JUSTICE P. SAM KOSITY CIVIL REVISI ON PETITION No.36 L2 of2023 ORDER:
-The challenge in the present Civil Revision Petition is the order dated 08.09.2023, passed in I'A'Nos'561 of 2023 in I.A.No.12 of 2O23 and 534 of 2023 in O'A'No' 1 of 2023 on the file of the Telangana Endowments Tribunal, Hyderabad' 2.
Heard Sri V.Venkata Mayur, learned counsel for the petitioners and perused the record'
3.
Vide the said impugned order, the Court below has allowed the applications impleading the respondent No' 1 herein as necessar)' party in the injunction application and also in the O.A.
4.
Perusal of the record rvould show that respondent No'1 had moved an application to implead her in the capacity of being one of the Managing Trustees of Fakir Baba Mission Trust who is claiming to be the owner of the suit scheduled property. On the contrarv, the contentions of the petitioners herein is that the possession stands vested with the
petitioners by virtue of sale deed executed on 2O.O3.2O21. He further submitted that the petitioner also obtained permission from the GHMC ald raised construction in the suit scheduled property for residential purpose
5. During the pendency of the said dispute, the respondent No.1 had moved an application for impleading as necessary party as a respondent to the dispute, raised by the petitioner. Respondent No.1 stands impleaded in the capacity of Management Trustee of the aJoresaid Trust supporting the case of the respondent Fakir Trust. 6.
In both the circumstances, interest of the petitioners would not adversely affect in zrny manner and as such, no serious prejudice also would cause to the petitioners. The present petition under Article 227 ol the Constitution of lndia wherein also the scope of interference is too minimal 7.
In the given facts and circumstances of tht: case, in the opinion of this Court, the Court belou has properly appreciated and considered the contents of the I.As. while passing the impugned order. This Court also does not find
t'
-7 any perversit5l or error on the part of the Court below in rejecting the implead petition.
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8.
The present Civil Revision Petition thus being devoid of merits, deserves to be and is accordingly rejected. It is further directed the Court below to make all efforts in proceeding with the suit ald decide the sarne as expeditiously as possible. No costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
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SD'. P.CH.NAGABHUSHAM A ASSISTANT REGIS /,TRUE COPY'/ SECTION OFFICER ' i:
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tn" Telangana Endowments Tribunal' Hyderabad
2. ONE CC tO SRI. V VENKATA MAYUR AdVOCAIC [OPUC}
3. Two CD coPies NS *I':
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HIGH COURT DATED:2111212023 1gE STAI5 q f,o zo 18 HAn zuf * ,*,,+.i, .- .),,.
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ORDER
CRP.No.3612 ot 2023 CRP is Rcjecred.
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