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2015 Supreme(AP) 281

C.V.NAGARJUNA REDDY
Payala Gopi – Appellant
Versus
Tiebeam Technologies India (P) Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: D. Vijaya Kumar
For Respondents/Defendant: B. Bharath Reddy and B. Vijaysen Reddy

Order

C.V. Nagarjuna Reddy, J.

1. This civil revision petition arises out of the order, dated 5.9.2014, in IA No. 392 of 2014 in IA No. 192 of 2014 in OS No. 71 of 2014 on the file of learned Additional Junior Civil Judge, Cyberabad, Kukatpally at Miyapur. I have heard Sri D. Vijaya Kumar, learned Counsel for the petitioner and Sri B. Vijayasen Reddy, learned Counsel for the respondents.

2. The petitioner filed the aforementioned suit for perpetual injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the suit schedule property. He also filed IA No. 192 of 2014 for temporary injunction. In that application, the respondents have filed a counter-affidavit. The petitioner sought to file a reply to the said counter-affidavit in the name of rejoinder. Therefore, he has filed IA No. 392 of 2014 purportedly under Order VIII Rule 9 read with Section 151 C.P.C., for permission to file rejoinder. This application was dismissed by the lower Court on the reasoning that the provisions of Order VIII Rule 9 C.P.C., are not attracted to an interlocutory application.

3. Sri B. Vijayasen Reddy, learned Counsel for the respondents, has not disputed that tho





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