Telangana High Court
CRP/999/2026 of Kodakanchi Ashok Kumar Vs Smt.Basireddy Chaithanya on 17 April 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HON'BLE SRI JUSTICE K.LAKSHMAN CIVIL REVISION PETITION NO: 999 OF 2026 Petition under Article 227 of the Constitution of lndia aggrieved by the order dated
[ 3168 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY, THE SEVENTEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HON'BLE SRI JUSTICE K.LAKSHMAN
CIVIL REVISION PETITION NO: 999 OF 2026
Petition under Article 227 of the Constitution of lndia aggrieved by the order dated 18-03-2026 passed in l.A.No.71 of 2026 in O.S.No.63 of 2026 on the file of the Court of the Additional Senior Civil Judge, Medchal l\Ialkajgiri District at Medchal.
Between:
1. Kodakanchi Ashok Kumar, Son of late K.Mallaiah, Aged about 45 years, Occ:
Business,
2. Kodakanchi Ganesh Kumar, Son of late K.Mallaiah, Aged about 42 years, Occ: Business,
3. Kodakanchi Ramesh, Son of late K.t\llallaiah, Aged about 38 years, Occ:
Business,
4. K.Rajendar, Son of late K. Mallaiah, Aged about 55 years, Occ: Business, (All are residents of H.No.1-8-31, Sitarampuram, Bowenpally, Secunderabad
500011)
... Petitione rs/Petitioners/Defe ndants
AND
Smt.Basireddy Chaithanya, Wife of B.Veera Praveen Reddy, Occ: Private Service, resident of Villa No.52, Ashoka Ala Maison, Dhulapally Village, Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District.
...RespondenURespondenUPlai ntiff
l.A. NO: 2 OF 2026
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 suspend the operation of the order dated 18.03.2026 passed in l.A.No.71 of 2026 in O.S.No.63 of 2026 on the file of Additional Senior Civil Judge, Medchal-Malkajgiri District, pending disposal of the above Revision.
l.A. NO: 3 OF 2026
Between:
Smt.Basireddy Chaithanya, Wife of B.Veera Praveen Reddy, Occ: Private Service, resident of Villa No.52, Ashoka Ala [Vlaison, Dhulapally Mllage, Dundigal- Gandimaisamma Mandal, Medchal-Malkajgiri District.
... RespondenUPlai ntiff/Petitioner
AND
Kodakanclri Ashok Kumar, Son of late K.Mallaiah, Aged about 45 years, occ:
Business,
Kodakanclri Ganesh Kumar, son of late K.tMallaiah, Aged about 42 years, Occ: Busirress, Kodakanchi Ramesh, Son of late K.tMallaiah, Aged about 38 years, occ:
Business,
K.Rajendar, son of late K. filallaiah, Aged about 55 years, occ: Business, (All are re,sidents of H.No.1-8-31, sitarampuram, Bowenpally, secunderabad
500011)
... Petitioners/Defendants/Respondents
Petition undr:r 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 granted on02.04.2026 in l.A.No. 2 of 2O26. in CRP No. gg9 of 2026.
Counsel for the Petitioners: Sri C. Ramachandra Raju Gounsel for the Respondent: sri P. Rajasekhar Reddy, Senior counsel representing Ms. K. lndraja The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELAIIGANA
AT: HYDERABAD
HON'BLE SRI JUSTICE K. LAKSHMAN
Date:[7-04-2026
Between
Kodakanchi Ashok Kumar and others
...petitioners
and
Smt Basireddy Chaithanya
. ...Respondent
This Court passed the following
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ORDER
Heard Sri c Ramachandra Raju, learned counsel for the petitioners and sri P.Rajasekhar Reddy, learned Senior counsel representing sri K. Indraja, learned counsel for the respondent.
2. The civil Revision petition is fired under Article 227 of the constitution of India, assailing the order dated 19.03.2026 passed in I.A.No.7l of 2026 in o.S.No.63 of 2026 by the learned Additional senior civil Judge, Medchal-Malkajgiri District, at Medchal.
3. Respondent has filed the aforesaid suit against the petitioners for mandatory injunction directing the petitioners to remove the contarners, tent and other obstructions placed in the schedule approach road rrarked in the suit schedule property.
4. Vide impugned ordeq learned trial Court granted exparte mandatory injunction and also appointed Sri K.Dileep Reddy, Advocate, as Advocate {ommissioner, to ascertain topography, existence of containers and to supervise and monitor the removal of the containers and temporary sheds etc. Assailing the said ordeq the petitioners filed the present revision. 5 Perusal of the impugned order would reveal that the trial court has granted ex parte mandatory injunction, without there being any application filed by the respondent/plaintiff under Order 26 Rule 9 of Cf'C, appointed Advocate Commissioner for the purpose of ascertaining the aforesaid aspects. The said order is illegal and contrary lo the procedure laid down under law and also principle laid down by :he Apex Court and this Court in catena of decisions.
6. I)uring the curse of hearing, it is brought to the notice of this Court that pleadings in I.A.No.71 of 2026 are complete
7. In the light of the said submission, this revision is disposed of. Learned Additional Senior Civil Judge, Medchal-Malkajgiri District, at Medchal is directed to dispose of I.A.No.7l of 2026 in O.S.No.63 of 2026 strictly in accordance with law within one month from the date of receipt of a copy of this order. However, there is no order as to costs. Consequently, pending miscellaneous petitions, if any, in the revision shall stand closed. SD/. B.REKHA RANI ASSISTANT REGISTRAR //TRUE COPY/ SECTION OFFICER
1. The Additional senior civil Judge, Medchal-Malkajgiri District at MEdchal'
2. One CC to Sri C Ramachandra Raju, Advocate [OPUC]
3. One CC to Ms. K.lndraja, Advocate IOPUC]
4. Two CD CoPies KAI\,I/BA C To, Yt-
HIGH COURT DATED: 1710412026 CRP.No.999 of 2026 DISPOSING OF THE CRP iri i o I :L * [ [?s ?0?$ ). Ei G*td *s6* n