Andhra Pradesh High Court

CRP/1802/2018 of NANDYAL RAGHUSHANKAR GOUD Vs KHAMBHAM EDIGA ATCHANNA on 29 December 2023

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COURT OF ANDHRA PRADESH:: AMARAVATU^f’^R^^ FRIDAY, THE TWENTY NINETH DAY OF DECEMBER /feg TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1«n? OF 2018 fit< w Petition under Article 227 of the Constitution of India, is

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATU^f’^R^^FRIDAY, THE TWENTY NINETH DAY OF DECEMBER /fegTWO THOUSAND AND TWENTY THREE<wPRESENT

fit<w

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAYCIVIL REVISION PETITION NO: 1«n? OF 2018

Petition under Article 227 of the Constitution of India, is filed againstthe order dated 27.12.2017 in C.M.A. No. 13/ 2014 on the file of the Courtof the V Additional District Judge, Kurnool at Nandyal, confirming the Orderdated 20-10-2014 in I.A. No. 1375/2011 in O.S. No. 356/2011 on the file ofthe Court of the Principal Junior Civil Judge, Nandyal.

Between:

1. Nandyal Raghushankar Goud,S/o. Seshadri Goud,aged 55 years,R/o. Gadivemula Village and MandalKurnool District.

...Petitioner

AND

1. Khambham Ediga Atchanna,S/o. Balanna,aged 74 years,R/o. Gadivemula Village and MandalKurnool District.

...Respondent

lA NO: 1 OF 2Q1ft

Petitionunder Section151CPC,isfiledprayingthatinthecircumstances stated in the affidavit filed in support of the petition, theHigh Court may be pleased to suspend the operation of the orderdated20.102014 in I.A. No. 1375/2011in OS. No. 356/2011 on thefile of theCourt of the Principal Junior Civil Judge, Nandyal, Kurnool District.

Counsel for the Petitioner: SRI. KARRI MURALI KRISHNA

Counsel for the Respondent: SRI. V NITESH

The Court made the following Order:

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ORDER:

This Civil Revision Petition is filed against C.M.A.No.[13][ of]2014 confirming the order of injunction passed LA.No.[1375][ of]2011 in O.S.No. 356 of 2011.

2. ThepetitionerISthedefendant.The

Respondent/plaintiff had filed suit for permanent injunctionand along with the suit, I.A.No.l375 of 2011 was filed underOrder 39rule1 and 2ofCivil Procedure Code,seekingtemporary injunction. The l.A.No. 1375 of 2011 was[allowed][ on]20.10.2014 granting injunction infavour of the plaintiff.

3. The same was confirmed in C.M.A.No. 13 of 2014 by theV Additional District Judge, Kurnool at Nandyal.Hence[the]C.R.P.V Additional District Judge, Kurnool at Nandyal.Hence[the]C.R.P.

4. InthisCivilRevisionPetitionthereisnoorderinterdicting the order injunction granted by the trial[Court.]interdicting the order injunction granted by the trial[Court.]

5. The learned counsel for the petitioner argued on themerits of the case.However, this Court is of the opinion[that]as the orders of the injunction were in vogue infavour[of][ the]plaintiff from20.10.2014,it wouldnotbeappropriatetounsettle the state of affairs at this length of time.merits of the case.However, this Court is of the opinion[that]as the orders of the injunction were in vogue infavour[of][ the]plaintiff from20.10.2014,it wouldnotbeappropriatetounsettle the state of affairs at this length of time.

6. The other reason for not interfering with the orders ofinjunction is that the orders of trial Court as well as the lowerappellate Court are a well reasoned and they do not warrantany interference from this Court.injunction is that the orders of trial Court as well as the lowerappellate Court are a well reasoned and they do not warrantany interference from this Court.

7. Hence, the Civil Revision Petition is dismissed andasthe suit is of the year 2011, the trial Courtmay consider asexpeditious disposal of the suit. No order as to costs.the suit is of the year 2011, the trial Courtmay consider asexpeditious disposal of the suit. No order as to costs.

As a sequel, the miscellaneous petitions if any shallstand dismissed.

Sd/- B CHITTI JOSEPHASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To

1. The Principal Junior Civil Judge, Nandyal, Kurnool District.

2. The V Additional District Judge, Kurnool at Nandyal.

3. One CC to Sri. Karri Murali Krishna, Advocate. [OPUC]4.One CC to Sri. V. Nitesh, Advocate. [OPUC]5.The Section Officer, VR Section, High Court of Andhra[Pradesh][ at]Amaravathi.Amaravathi.

6. THREE CD Copies.LRVALLRVAL

HIGH COURT

,DATED:29/12/2023

ORDER

CRP.No.1802 of 2018

t.i£19 APR 202909m

DISMISSING THE CIVIL REVISION PETITION

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