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High Court for State of TelanganaCRP/1668/2017disposed of no costs

S Nirmala, Hyderabad v. Genome Foundation, Hyderabad

2022-02-18A.Venkateshwara Reddy5 pages

\ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY CIVIL REVISION PETITION NO: 1668 OF 2017 Petition under Nlicle 227 of the Constitution of lndia, aggrieved by the Order dated. 15104120'15 passed in lA No. of 187 of 2015 in OS No. 440 ot 2011, on the file of the Court of the ll Additional Junior Civil Judge, Ranga Reddy District.

Between:

S.Nirmala, W/o S. Yadagiri, Aged 43 years, Occ: Tailor, Fl/o H. No. 2-3-6921C1481 1, Annapurna Nagar, Amberpet, Hyderabad.

... PETITIONER/PLAINTIFF AND Genome Foundation, Having its office at Plot No.96, Apporva Towers, Road No. 2, Banjara Hills, Hyderabad Represented by its Mg. Director ...RESPONDENT/DEFENDANT lA NO: 1 OF 2022 Between:

Genome Foundation, Having its office at Plot No. 90, Apporva Towers, Road No. 2, Banjara Hills, Hyderabad Represented by its l\,49. Director PETITIONER/RESPONDENT AND S Nirmala, W/o S. Yadagiri, Aged 43 years, Occ: Tailor, Fyo H. No. 2-3-6921Ct481 1, Annapurna Nagar, Amberpet, Hyderabad.

...RESPONDENT/PETITIONER J

L 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 vacate the interim order passed in CRPMP No. 219812017 in CRP No.1668i2017 vide order dl. 07.04.2017 and dismiss the above CRP in the interest of justice and pass CRPMP. NO: 2198 OF 2017 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 stay all further proceedings in pursuance of order dated 15.04.2015 passed in lA No.187 of 2015 passed in lfuo.187 of 2015 in OS No.440 of 2011, on the file of ll Addl. Junior Civil Judge, Ranga Reddy District . Counsel for the Petitioner :SRl. V,VENKATA MAYUR Counsel forthe Respondent: DT.VENKAT REDDY DONTHI REDDY The Court made the following: ORDER I

i, HON'BLE SRI JUSTICE A. VENKATESH1VARA REDDY CIVIL REVISION PETITION No.1668 OF 2017 ORDER:

This civil revision petition is filed under Article 227 of the Constitution oI India assailing the orders dated 15.04.2015 in 1.A.No.187 ol 2015 in O.S.No.440 of 2011 on the file of Il Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar.

2.

This application in I.A,No.187 of 2015 was filed by the petitioner/ delendant under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short, the C.P.C.J for appointment of advocate commissioner to demarcate the suit schedule property and the land of the petitioner admeasuring Acs.4.13 grlntas in Survey No.49/ 1 situated at Medipally Village, Ghatkesar Mandal, Ranga Reddy District, with reference to survey numbers with the help of Deputy Director, Survey and Land Records. This application filed by the defendant was allowed by the Court below and one P. Suresh Kumar, advocate, was appointed as advocate commissioner.. Assailing the said orders, this civil revision I t petition is filed by the plaintiff.

3.

While hearing the matter, Iearned counsel for the respondent/ defendant has submitted the copy of the orders in i i

-) W.A.No.8 of 2Q2O, whereunder in paragraph No.3, the Division Bench of this Court held that the survey has been conducted and if the appellants/writ petitioners has a grievance with regard to the same, it is for them to seek appropriate legal recourse in accordance with law.

4.

Since the very purpose of appointment of advocate commissioner through the order impugned is served and the land was surveyed, this civil revision petition is disposed of. However, as the original suit is filed in the year 2011 and it is pending, learned counsel for the petitioner seeks to submit that the evidence of both sides is concluded and this suit along with other suits are being adjourned only for arguments. Therelore, I deem it fit to direct the learned ll Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar, to expedite the disposal of the original suits at the earliest possible and under no circumstance beyond three months. Both the parties to the suit shall cooperate with the trial Court for expeditious disposal, as directed. Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

SD/.V.KAVITHA ASSISTANT/REGISTRAR La) SECTION OFFICER To, //TRUE COPY//

1. The llAdditional Junior Civil Judge, Ranga Reddy District.(with records)

2. One CC to SRl. V.VENKATA N,4AYU R,Advocate [OPUC]

3. One CC to SRl. DT.VENKAT REDDY DONTHI REDDY/Advocate [OPUC]

4. Two CD Copies

5. One Spare Copy CDL ? MMA

HIGH COURT DATED:18/0212022

ORDER

CRP.No.1668 ol20'17 i) -( + (-) !-) 25 MAF 2022 DISPOSING OF THE C.R.P.

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