Telangana High Court

CRP/3905/2023 of M/s. S. D. Enterprises Vs Sri. Vijay Chandra Antharam on 29 December 2023

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P. SAM KOSHY CIVIL REVIS ION PETITIO N No: 3905 of 2O23 civir Revision petition under Arricre 227 0f constitution of rndia against the

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SRI JUSTICE P. SAM KOSHY

CIVIL REVIS ION PETITIO N No: 3905 of 2O23

civir Revision petition under Arricre 227 0f constitution of rndia against theorder dated 27 -12.2023 in r-A.No.314 0f 2023 in o.S.No.4075 0f 2023 0nthe fire ofthe Court of the XXI Junior Civil Judge, City Civil Court, at Hyderabad.

Between:

M/s. S. D. Enterprises. (Reo. by Deglsh{h Swathi, D/o. Late Vinod Kumar, Aqedfl?!::#o^"*, [occ: ][Buiineis, n/0. ][o- ][t-t\E&tt"zi, ][B5.i,i;iil;,"'eJsffiil;]fl?!::#o^"*, [occ: ][Buiineis, n/0. ][o- ][t-t\E&tt"zi, ][B5.i,i;iil;,"'eJsffiil;]

...Petitioner/Ptaintiff No.1

AND

1Sri Vijay Chandra Antharam,,S/o^. Late A. Krishnama Chary, Aged about 45Krishnama Chary, Aged about 45years, Occ: Private Job RJo. 6208 Fatktand C.irrttivjil,lrire NC 28311C.irrttivjil,lrire NC 28311Viiay Chandra Antharamunited- sares of America Representeo 6v ti" cEn'riJr"a'ii"dmt Madhuri wo.

M/s Venture 9, Rep by its Secretary, Goli Srinivasa Rao, S/o. Late G.Thirumat.a Rao, Aded'about so yejls, Ryo. N;;; iliy; 6#rathi Conventionf;f#l"rtrliv"nr Ftat No. 101 Btock 6d, pril"v citv n6is*nr'ii"prr, Hyoeri-OajThirumat.a Rao, Aded'about so yejls, Ryo. N;;; iliy; 6#rathi Conventionf;f#l"rtrliv"nr Ftat No. 101 Btock 6d, pril"v citv n6is*nr'ii"prr, Hyoeri-Oaj ( Respondent No. 2 is not necessary party ))

...RespondenUDefendant

lA NO: 2 oF 2023

of the att affidavit further Petition under Section fired in support proceedinss in of pursuant lS1 the petition, CpC ro praying that rhe in" oS figh io in c.;;t aorc the circumstances may be iiioi5 preased stated to stavinorder civit courts dated 2t -12-2023 On ihe fite of tne Court .itt," iiil;;;#"ilJJudge cityHyderabad pending disposat of the main 'un'o'civil "*;:

IANO:3OF2023

Petition under Order 39 Rule 1 and 2 of CpC R/w Section 151 CpC prayingthat in the circumstances stated in the affidavit fired in support of the petition, theHigh Court may be pleased to grant ad_interim injunction orau. ,.".iruining' ii_;Jsuspend respondent the order from interferinglhe^p^e^aceful dated 27 -12'2023 passed possession in r. A No. petition 314 schedute 0f 2023 f;p;;ly;;in os No.4075 of 2023 On the fite of the Couit of the XXt Junior Civit lrAg" Ciiy Cr]iCourts Hyderabad and to pass such other order or orders as deem fit and properin the circumstances of the case.

Schedule of Property

Arr that the part of premises in Ground Froor admeasuring 1031 4 Sq feet of thepremises bearing municipar_No.8- .2-293/ 82rN11i1 Ln-prot rvo. rrar,'compiisinipremises bearing municipar_No.8- .2-293/ 82rN11i1 Ln-prot rvo. rrar,'compiisiniof .land admeasuring 1146 sq yards equivatent io s59 iq Mts situated at JubileeHills, Banjara Hills, Hyderabad is bounded by:Hills, Banjara Hills, Hyderabad is bounded by:

North: Road No. 58, South: Open Space, East: House on plot No. 1141- A, West:House on Plot No. 1143

Counsel for the petitioner: Mr. p. SATHWK REDDY

Counsel for the Respondent: None Appeared The Court made the following: ORDER

I,

THE HON'BLE SRI JUSTICE P. SAM KOSHYCML REVISION PETITION No.39O5 of 2023

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ORDER :

The present Civil Revision Petition has been filed assailingthe docket order dated docket order dated 27.12.2023 [passed in]I.A.No.314 of 2023 in O.S.No.4075 of 2023 by the [learned ][XXI]Junior Civil Judge, City Civil Courts, Hyderabad.

2. Heard Mr. P. Sathwik Reddy, learned counsel lor thepetitioner.

3. Vide the said impugned order, the Court below [had ][vacated]the order of status-quo that was granted in I.A.No.314 [of ][2023.]The interim measure of staLus-quo was [granted ]on 21.O8.2O23.

4. Perusal o[ the impugned order would reveal that on the [said]date there were various interlocutory applications which [were]pending consideration before the Court below and it [was projected]before the Court below that the [pe ]titioner/ [plaintiff ][was ][somehow]trying to evade the arguments in [I.A.No.314 ][of ][2023 ][on ][some]pretext or the other. I[ was in the said circumstances that [the]interim measure of status-quo stood vacated. [Perusal ][of ][the]impugned order would also reveal that the Court below [has ][now]fixed the date of hearing on 04.OI.2024.

,tt

5. Considering the fact that thc interim measure of status-quohas been passed without any hearing as such orr I.A.No.314 of2023 and also taking note of the fact that the interim measure ofstatus-quo was in operation ali along since 21.O8.2023 given bythe same Court. In the larger interests ol justice, it would beappropriate if the present Civil Revision Petition is disposed ofdirecting the petitioner herein to ensure that on the next date ofhearing i.e. on 04.01.2024, the parties would arguc on I.A.No.3l4of 2023 and also on other interlocutory applications if requircdu,hich are pending conside ration before the Coult below inO.S.No.4O75 of 2023.

6. Meanwhile, purely as an intcrim mcasure, this Court is ofthe opinion that so far as the order of status-quo as [-vvas ]grantedby the Court belo.w on 2I.0a.2O23 shall continue til\ 04.O1.2024.

7. With the above observations, thc the above observations, thc above observations, thc thc present Civil Petition stands disposed of. No order as to costs.

With the above observations, thc the above observations, thc above observations, thc thc present Civil Revision Consequently, miscellaneous petitions pending if any, shallstand closed.

/.

SD/. T.JAYASREEASSTSTANT€)EGISTRAR

//TRUE COPY//Y,/SECTION OFFICER

To,1The XXI Junior Civil Judge, City Civil Court, [at ][Hyderabad]1The XXI Junior Civil Judge, City Civil Court, [at ][Hyderabad]2One CC to Mr. P. [SATHWIK ][REDDY, ][Advocate ][OPUC]Two CD CopiesTwo CD Copies *-\---- kam HIGH COURT

DATED:2911212023

ORDERCRP.No.3905 of 2023

DISPOSING OF THECIVIL REVISlON PETITION

1HE [ST4]r4:'Aqsoo3 0 JAli 2024 ["s]5,+** oFspatCk[gJ]

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