The High Court · 2025

...RespondenU RespondenUDefendant lA NO: 1 OF 2024 Petition under section 'l5 l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pass an order of injunction restraining respondents from interfering with the petitioners peaceful enjoyment of the land admeasuring l4l3.5 sq.yard in survey no.175le situated at Ponnala village of siddipet Mandal and District pending on the file of the court of the senior civil Judge cum Assistant sessions Judge at Zaheerabad. lA NO: 2 OF 21124 Between: Balije.Sunki N;rgender, S/o. Veeraiah.,.Aged about 61 y_ears Occ: Retd. Employee, R/o H.No 17-4 27t2tB, Mythrivanam, Hyci'eiaUiO noio, Sioaip"t r"o*;;ir;Si;:i ...Petitioner/1 st Respondent AND '1. Nimma y'enkatram !e^d-dy. S/o, Guruva Reddy, aged about 49 years, occ: Bus iness R/o. 8-2-93,-shivajinagir, bioi,p?iir*":r"a 6i Jtli.tl ", ".' ... RespondenUpetitioner 2. Nazeer lv ohiuddin S/o. Asad Mohiuddin, aged about 37 years, Occ: Business R/o 12-3-90li0, Khaderpura, SiOOip"ii"*i ""i'Oi"tri.t ...Respondents/ Respondents Petition under Sectron 151 cpc praying that in the circumstances stated rn the affidavit firer in support of the petition, the High court may be preased to vacate the status quo order in lA No. 1 of 2024 in CRp No 1483 of 2O24 order dated 03-05-2024. Counsel for the petitioner(s): SRI. S GANESH RAO Counsel for the Respondents: SRINIVASA RAO SIRIKONDA The Court made the following: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY C.R.P.No.l483 of 2024 ORDER: l'his Revision Petition is flled aggricved by the docket ordcr dated 22.04.2024 passed by the Principal District Judge, Siddipet. in 1.A.No.382 of 2024 in CMA.No.17 of 2024, whcreby thc said application was adjourned to 04.06.2024.

2. I lcard Sri S.Ganesh Rao. learned counsel lbr the revision petitioncr and Sri Srinivasa l{ao Sirikonda, learned counsel lor respondctrts. i. Learned counsel for the petitioner submittcd that the pctitionc'r flled the suit in OS.No.62 ol 2O2f against the lespondcnts on the file of Principat Junior Civil Judge, Siddipet, lor grant of perpetual injunction in respect ol the suit schedule propeft! along with an application fbr glant of ad-interim injtrnction vide IA.No.91 of 2023; that initiatly, ex partc interim inlunction was granted by the trial Court; that on receipt ol notice, the respondents entcred appearance and flled counter; that on due cnquir-v, the tlial Court dismissed the said application vide order dated 0i.04.2024; that aggrieved by thc said order', the petitioner ) L\,1. J CRP..\'o.148-1 of 2024 filed CIr4A.No.l7 of 2024 along wirh an applicrrion tbr grant of ad-interim irr.junction; hou,cver, the first Appelirte Couft without hearin-e tht' counscls lbr tl1" nurrt", and granting irtcrint injunction, has rneleh, adjourned thc case, thereby renderjnll thc CMA t<r becorne inliuctuous and herrce, he prayed to set asrcle thc irnpugned

4. l-earned counscl lor the respondents submrtted that in r,icw, of the r',alr..s r/zro ordcr passed by this Court, thi. l.-irst Appellatc Court is not procccding rvith the CMA as if status quo order was granted in lespcct of corrduct of proceedings in the (lMA. ). [,earnc'd corrnsel lor the petitioner did no1 (lisprrte that the CMA rvas not taken up lbr ltcar.ing by the First Apl.ellatc Court.

6. the undisputed lacts of the case.are that irririally, the trial Corrrt by o.ler. darccl 07 .O2.2023,gr.anted ad_inter.irrr injunctio, and posted th: casc to 13.03.2023 and subsequently, thc rrial Court. on due enqu ry. i.c.. on considering thc pleadings in the application as well the countcr and on hcaring the argulnents advanced by learned counsel ftr both thc parties, has dismissed the slirl application. challenging the sa,re. the pctitiorcr filed cMA i.crbre tl,rc [rir.sr J LA'A, J CRP.No.l483 of 1021 Appellate Court along with an application for grant of interim inlunction and the First Appellate Couft by docket order dated ?.201.20?.1 adjourned the application to 04.06.2024 for filing colrntcr b-v rcspondent No.1. Aggrieved by the said docket ordcr, thc prescnt Revision is filed.

1. l'his Court on 03.05.2025, while issuing notice to the rcspondcnts, directed both the parties to maintain slatus Lluo in respcct o['the suit schedule prope(y.

8. When the rnatter is taken up today, learned counsel appearing fbr both the parlies has represented before this Courl that the First Appellate Courl is not proceeding with the CMA as if status quo older u,as granted in respect of the said CMA.

9. In vie,uv ol the above submissions, this Courr deems it appropriate to dispose of this Revision, without delving into rnerits o l' the case, with a direction to the First Appetlate Courl to decide CNIA on its oi.vn rnerits, by duly affording opportunity to both the paltics, and dispose ol the CMA as expeditiously as possible, prcf'erably within a period of three months lrom the date of receipt ol'a copv of tl-ris order'. + Ll\tl' J CRP-No.1483 ol 20)4

10. St,bject to the above direction, this Revision is disposed of-. Botlr the partics shall ntaintain stottts quo with regard to possession of the suit schcdule propcrl). rill disposal olrhe C\4 { I 1. As a scque l, pcncling Misce llancous petitions. if any, shall stand clo;ed. No costs. Sd/. P. CH. NAGABHUSHAMBA DEPUW REGISTRAR //TRUE COPY// . SECTION OFFICER To,

1. The Principal District and Sessions Judge, Siddipet 2- The Principal Junior Civil Judge cum Assistant Sessions Judge at Siddipet 3. One CC tc Sri S Ganesh Rao, Advocate [OPUC] 4. One CC to Sri. Srinivasa Rao Sirikonda Advocate' [OPUC] 5. Two CD t)oPies. YJR/GH HIGH COURT DATED:1110712025 ORDER CRP.No.14ti3 of 2024 6F '/e a^ .) ,..) 19 sEP z[fr r- 'l .'// tl.:.:" t'1. ,- t; DISPOSINGi OF THE CIVIL REVISION PETITION. .^3e)\ caY n \\