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High Court for State of TelanganaCRP/5176/2015disposed of no costs

Mohd. Abdul Qadeer, v. Smt.Nuzhath Sultana,

2015-11-27M.Seetharama Murti2 pages

HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.5176 of 2015 ORDER :

This civil revision petition is filed under Article 227 of the Constitution of India, by respondent Nos.2 and 3 in O.P.No.937 of 2015 on the file of Family Court, Hyderabad, aggrieved by the order, dated 09.07.2015, passed in I.A.No.464 of 2015 in the said O.P. The aforesaid O.P. is filed by respondent No.1 herein for perpetual injunction orders with regard to petition schedule property i.e. house property bearing No.9-1-1/B/58, admeasuring 220 Square yards, situated in Sy.No.71 of Defence Colony, Langerhouse, Hyderabad. In I.A.No.464 of 2015, ad interim order of status quo is passed pending further orders.

It is the case of petitioners that the property in question is their self-acquired property, and as such, respondent No.1 has no claim or right over the said property. It is submitted that counter affidavit is already filed in the I.A., on behalf of petitioners herein. It is also submitted by the learned counsel for petitioners that only on the ground that respondent No.2 is not served, the I.A. is not being disposed of.

In this case, it is to be noticed that in I.A.No.464 of 2015, wherein orders of status quo are granted, the petitioners herein have already filed counter affidavit. Therefore, having regard to the counter affidavit filed by the petitioners herein in the said I.A., this Court deems it appropriate to dispose of the revision, directing the learned Judge, Additional Family Court, Hyderabad, to pass appropriate orders in I.A.No.464 of 2015, so far as petitioners herein are concerned, as expeditiously as possible, preferably within a period of six weeks from today.

Subject to above direction, the revision petition is disposed of. No order as to costs.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

______________________ R. SUBHASH REDDY, J 27th November 2015 ajr