The High Court · 2025
Case Details
1. Smt. Deepthi Nandury, Wo Ashwin Kumar Narasimham Jayanthi, Aged about 40 years, R/o 9-4lJA-804, Puppalguda, Manikonda, RR Dist. - 500089. .2. Sri Ashwin Kumar Narasimham Jayanthi, S/o Jayanthi Srinivasa Narasimham, Aged about 41 years, R/o 1-10-351 to 356/503, Brahmanwada, Begumpet, Hyderabad - 500016 (Eioth presently residing at 3915 Nanny Berry St., Naperville, lllinois 60564, u.s.A.)
3. Mr. Gunturu Hareesh,, S/o G. Vijay Kumar, Aged about 46 years, Occ. Business, Rl/o Flat No. 403, Gayatri Gardens, Lane No. 2, Tarnaka, Secunderabad - 500017.
4. M/s. Vaishnavi Constructions,, rep. by its Authorized Person Mr. Gunturu Hareesh, Flat No.403, Gayatri Gardens, Lane No. 2,Tarnaka, Secunderabad - s00017. ...Respondents/Defendants lA NO: 1 OF 2025 Petition under Section Order 39 Rule 1 & 2 of CPC R/VV 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 grant ad-interim injunction restraining the respondents from alienating or encumbering the unsold flats (Suit Schedule a to d properties). SCHEDULE OF PROPERTY SCHEDULE. All that the Semi Furnished Residential Flat No. '101 in 1st floor of Vaishnavi Everest having with plinth area of 2200 Sq Feet including common areas etc., and two Car Park area together with undivided share of land admeasuring 71.33 Square Yards or 59.63 Sq meters out of 71 5 Squaie Yards (Dismantled House bearing Municipal No's. 1-1 5931211 & 1-1- 5931212) on Plot l{o. 62 in Survey No. 90 & 91 situated at Gandhinagar (Bakaram) Hyderabad, I'elangana State and bounded as follows: North: Open to Sky South: Open to Sky East: Open to Sky West Corridor, Stair Case, Lift & Flat no. 102 EDULE.D All that the Semi Furnished Residential Flat No. 102 in '1st floor of Vaishnavi Everest having with plinth area of 2211 Sq Feet including common areas etc., and two Car Park area together with undivided share of land admeasuring 71.33 Square Yards or 59.63 Sq meters out of 715 Square Yards (Dismanfled House bearing Municipal No's. 1-1 5931211 & 1-1- 5931212) on Plot No. 62 in Survey No. 90 & 91 situated at Gandhinagar (Bakaram) Hyderabad, Telangana State and bounded as follows: North: Open to Sky South: Open to Sky East: Corridor, Stair Case, Lift & Flat no. 10'l West: Open to Sky SCHED All that the semi Furnished Residential Flat No. 302 in 3rd floor of Vaishnavi Everest having with plinth area ol 2211 Sq Feet including common areas etc., and two Car Park area together with undivided share of land admeasuring 71 .33 Square Yards or 59.63 Sq meters out of 715 Square Yards (Dismanfled House bearing Municipal No's. 1-1 5931211 &1-1- 5931212) on Plot No 62 in Survey No. 90 & 91 situated at Gandhinagar (Bakaram) Hyderabad, Telangana State and bounded as follows: North : Open to Sky South : Open to Sky East : Corridor, Stair Case, Lift & Flat no. 301 West : Open to Sky SCHEDULE-F All that the Semi Furnished Residential Flat No. 401 in 4th floor of Vaishnavi Everest having with plinth area of 22OO Sq Feet including common areas etc., and two Car Park area together with undivided share of land admeasuring 71.33 Square Yards or 59.63 Sq meters out of 715 Square Yards (Dismantled House bearing Municipal No's. 1-1 593121'1 & 1-1- 5931212) on Plot No. 62 in Survey No. 90 & 91 situated at Gandhinagar (Bakaram) Hyderabad, Telangana State and bounded as follows: North: Open to Sky South: Open to Sky East: Open to Sky West: Corridor, Stair Case, Lift & Flat no. 402 Counsel for the Petitioner : Mr. P. Vamsheedhar Reddy Gounsel for the Respondents : - The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TEI-ANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSHY CIVIL REVISION PE N No.39l I OF 2O2S DATE :05.12.2025 Betlveen: Thinnaluru Seshu Kumar Srnt. Deepthi Nandury and 3 others. AND ... Petitioner ... Respondents ORDEIT Heard Mr.P.Varnsheedhar Reddy, learned counse I lbr the petitioner and perused the record.
2. The present is a Civil Revision Petition which has been filed under Article 227 of' the Constitution of India assailing the order dated
16.10.2025 passed in I.A.No.52l of 2025 in O.S.No.l33B of 2025 by the learned V Senior Civil Judge, City Civil Court, Hyderabad (for short, 'Trial Court'). ,)
3. The grievance of the petitioner is the inaction on the parl of the Trial court in grantin g ad interim injunction while hearing I.A.No.521 of 2025 in o.S.No.l338 of z02s and thereafter, fixing the case on 3l-10.2025 and subsequently, it has got further adjoumed to 21.12.2025.
4. Learned counsel for the petitioner contends that the respondents/defendants are in fact all NRIs staying abroad and there is all likelihood of them disposing of the suit schedule property in spite of the lact that the petitioner/plaintitf have docurnenrs to establish that he is the purchaser of the subject property and have also got title docurnents in support of his claim. He further contends that in the event if the respondents/defendants dispose of the property ancl leave the country and subsequently, even if the suit is decided in favour of the plaintiff, the plaintiff would find it difficult in executing the said judgment and decree and had therefore, sought for the same ad interim protection.
5. Be that as it may, considering the submissions put fortft by the leamed counsel for the petitioner, what is apparent is that I.A.No.52l of 2025 in O.S.No.338 of 2025 filed by the petitioner/plaintiff under Order XXXIX Rule I & 2 of CPC is pending consideration before the Trial Court. Urgent notices have also been issued to tfre-aifendants and served 3 and the defendants have also entered appearance and the matter stands posted on 2l .1i)-.2025.
6. In view thereof, the Trial Court is directed to take a decision on the said I.A.No.52l ol'2025 at the earliest on its own merits in accordance with the pleadings and the material available on record. Meanwhile, purely as an interim measure, Iet status quo, obtaining as on today, in respect of the subject property be maintained till 21.12.2025, when the Trial Court shall take up the IA for consideration.
7. Accordinilll,, the Civil Revision Petition stands disposed of'. There shall be no order as to costs. Consequently, rniscellaneous applications pending, if any, shall stand closed. //TRUE COPY/ SD/. C.DEEPIKA STANT REGISTRAR '-\- -__ SECTION OFFICER To,
1. The V Senior Civil Judge, City Civil Court, at Hyderabad. 2. One CC to [Vlr. P. Vamsheedhar Reddy, Advocate IOPUC] 3. Two CD Copies DL w HIGH COURT PSK, J DATED:0511212o2s I / ORDER CRP.No.3911 ot 2025 \-rE. s 4: I () 1 e rjt[ t[21 * CRP STANDS DISPOSED OF r,"$3 6vv