Telangana High Court
Kapula Kotesh , Koteswara Rao vs Kapula Nageswara Rao And 2 Others on 5 July, 2023
THE HON'BLE SRI JUSTICE K.SARATH
C.R.P. Nos.401 and 541 of 2023
COMMON ORDER:
1. Both these Civil Revision Petitions arose out of orders passed in I.A.No.358 of 2022 and I.A.No.462 of 2022 in O.S.No.368 of 2022 dated 15.11.2022 and 06.01.2023 respectively on the file of Court of the Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court), Bhadrachalam. In view of the same, both the CRPs have been taken up for hearing and common order is being passed in both these matters.
2. The revision petitioner in both the petitions is defendant No.2 in the main suit.
3. It is the case of the revision-petitioner that the respondent No.1 herein filed a suit against the petitioner Page 2 of 4 C.R.P. Nos.401 and 541 of 2023 SK,J herein and two others in respect of Agricultural land in Sy.No.2/5 to an extent of Ac.3.50 cents situated at Koyabesthagudem Village, Venkatapuram Mandal, Mulugu District and a House property bearing in H.No.6-67 to an extent of Ac.00.20 cents situated at Vengalraopeta Village, Venkatapuram Mandal, Mulugu District claiming himself to be the owner of the ancestral properties having succeeded from his father namely Sri Kapula Narasimham. The suit is filed by the respondent No.1 stating that the petitioner and two others are interfering with the suit schedule properties and temporary injunction was also granted in I.A.No.358 of 2022 in O.S.No.368 of 2022 on 15.11.2022 restraining the petitioner and two other defendants. Being aggrieved by the same, the petitioner herein filed CRP No.401 of 2023.
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C.R.P. Nos.401 and 541 of 2023 SK,J
4. The respondent No.1 herein also filed I.A.No.462 of 2022 in O.S.No.368 of 2022 seeking Police protection, on the ground that the revision-petitioner and two other defendants, in spite of temporary injunction, trying to interfere with the possession and enjoyment of the respondent No.2 over the petition schedule properties and accordingly, the Police protection was also granted on 06.01.2023. Being aggrieved by the same, the petitioner herein filed C.R.P.No.541 of 2023 and requested to allow both the Civil Revision Petitions by setting aside the impugned orders.
5. The learned Counsel for the respondent No.2 basing on the counter submits that in fact the revision-petitioner has the opportunity of filing vacate stay petition and counter affidavit against the orders passed in I.A.No.358 of 2022 in O.S.No.368 of 2022 dated 15.11.2022 before the Page 4 of 4 C.R.P. Nos.401 and 541 of 2023 SK,J lower Court, instead of that he filed the present Civil Revision Petitions and obtained interim suspension and there are no grounds in the present Civil Revision Petitions and requested to dismiss both the Civil Revision Petitions.
6. After hearing both sides and upon perusing the records, without going into merits of the case, both Civil Revision Petitions are disposed of and directing both the parties to maintain status-quo till the disposal of the suit in O.S.No.368 of 2022.
7. As a sequel, interlocutory applications, if any pending in both the CRPs shall stand closed. There shall be no order as to costs.
_____________________ JUSTICE K.SARATH Date: 05.07.2023 bb