Telangana High Court

CRP/4887/2013 of Challa Narsaiah,Narsimha Reddy Vs Mohmad Allauddin on 30 December 2015

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SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No. 4887 of 2013 ORDER: The defendants in O.S.No.125 of 2012 on the file of the Junior Civil Judge, Thorrur, are the petitioners herein. The respondents herein filed the said suit seeking declaration of title and consequential

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAOCIVIL REVISION PETITION No. 4887 of 2013

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ORDER:

The defendants in O.S.No.125 of 2012 on the file of the JuniorCivil Judge, Thorrur, are the petitioners herein. The respondentsherein filed the said suit seeking declaration of title andconsequential injunction in respect of an agricultural bore well witha depth of 95 feet with 6 ½ inches of width along with submersibleelectric power supply connection No.450 in Survey No.320 ofMadipally Village, Thorrur Mandal, Warangal District. Thepetitioners/ defendants filed their written statement and also filedI.A.No.72 of 2013 stating that the suit is not maintainable, as theissue between the parties was already settled in O.S.No.278 of2008 on the file of the Junior Civil Judge, Thorrur. In fact, the saidsuit was originally filed as O.S.No.268 of 2002 on the file of theJunior Civil Judge, Mahabubabad, which was later on transferred tothe Court at Thorrur. The said I.A. was dismissed on 03.06.2013 onthe ground that O.S.No.278 of 2008 is a suit for a bare injunction,whereas the present suit is filed for declaration of title andconsequential injunction. Though the parties are same, the reliefsought is not same. In view of the reasons given by the trial Court, Iam in agreement with the order passed in I.A.No.72 of 2013 on03.06.2013 and it does not warrant any interference. However, thetrial Court shall frame an appropriate issue, with regard to thebinding nature of the decree in O.S.No.278 of 2008, in the presentsuit and dispose of the same, at the earliest.

Accordingly, the Civil Revision Petition is dismissed. Thereshall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the civil revision petition shall stand dismissed.

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(A.RAMALINGESWARA RAO, J)

30[th] December, 2015

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THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

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C.R.P.No.4887 of 2013

30[th] December, 2015

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