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2023 Supreme(Telangana) 164

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A. VENKATESHWARA REDDY, J.
Komuravelly Kaladhar – Appellant
Versus
Kommareddy Swarnalatha – Respondent
I.A.No.1 of 2023 in/and C.R.P.No.191 of 2023
Decided on : 25-01-2023

Advocates:
Advocate Appeared:
For the Appellant : SRINIVASA RAO SIRIKONDA
For the Respondent: VENNAMRAJ VENKATESHWARA RAO

Headnote:

Constitution of India, 1950 - Article 227 - Civil Procedure Code, 1908 - Order-39 Rules 1, 2, 3, 4, Section 151 - Property - Registered sale deed - Perpetual injunction - Respondent plaintiff has filed original suit against defendants for perpetual injunction in respect of open plot referred to suit schedule property alleging that she has purchased same through a registered sale deed document - Held, Court has mechanically extended ex parte temporary injunction order indefinitely through impugned docket order against scheme spirit impugned docket order cannot sustain liable to be set aside by exercising jurisdiction - Court considering facts and circumstances of case Civil Revision Petition along impugned docket order Principal Junior Civil Judge at directing both parties to suit shall maintain status quo obtaining as on today - Civil revision petition allowed.

ORDER :

The defendants in O.S.No.561 of 2022 on the file of the Principal Junior Civil Judge at Gajwel have filed this Civil Revision Petition under Article 227 of the Constitution of India, assailing the impugned docket order dated 06.01.2023 in I.A.No.1358 of 2022 in O.S.No.561 of 2022.

2. The respondent/plaintiff has filed the original suit against the defendants for perpetual injunction in respect of open plot admeasuring 230.90 square yards in Survey No.374 situated at Gajwel Town and Mandal, Siddipet District, hereinafter referred to as “suit schedule property”, alleging that she has purchased the same through a registered sale deed document No.2177 of 2017 dated 22.04.2017 and obtained permission from the Gram Panchayat, Gajwel for construction of ground floor building, as per the proceedings No.38422/GAJW/0144/ 2021, dated 23.08.2021. When she started digging pits in the suit plot, on 15.11.2022 and 25.11.2022 the defendants tried to obstruct the plaintiff from carrying with construction work. As such, she has filed the original suit for perpetual injunction against the defendants and any other person on their behalf from interfering with her peaceful possession and enjoyment over the suit schedule property. Along with the original suit, she has also filed I.A.No.1358 of 202 under Order-39 Rules 1 and 2 of C.P.C. for temporary injunction restraining the defendants from interfering with her possession over the suit schedule property, pending disposal of the suit.

3. The original suit along with I.A.No.1358 of 2022 was filed on 02.12.2022 and on the same day, the learned Principal Junior Judge has passed the following order:

    “Upon motion made unto this Court on this day by Sri B. Gopal Rao, counsel for the petitioner/plaintiff and upon perusing the contents of the affidavit filed in support of the petition, pleadings and other material produced by the petitioner/plaintiff and upon hearing the said counsel this Court doth order that an ex parte ad-interim injunction be granted in favour of the petitioner/plaintiff restraining the respondents/defendants 1 & 2 from interfering with peaceful possession and enjoyment of petitioner over petition schedule properties in any manner till filing of counter.

This case stands posted to 04.01.2023.

Given under my hand and the seal of this Court on this the 2nd day of December, 2022”

4. Thereafter, the defendants have filed counter in I.A.No.1358 of 2022 on 28.12.2022 and written statement in the original suit on 06.01.2023. They have also filed an application in I.A.No.1419 of 2022 under Order-39 Rule-4 read with Section 151 of C.P.C. on 30.12.2022 with a prayer to discharge or vary the order dated 02.12.2022 in I.A.No.1358 of 2022 and to preserve the suit property as it is without any construction by either side, till disposal of IA No.1358 of 2022 and by 06.01.2013 counter was also filed by the plaintiff in the said I.A. No.1419 of 2022. But, without considering all these aspects, the learned judge of the trial Court has extended the ex parte temporary injunction order dated 02.12.2022, through the impugned docket order dated 06.01.2023 extracted as under:

    “Docket order dated 06.01.2023:

Heard. The counsel for the respondent raised an objection that the applies is filed under Order-XXXIX Rule-4, however, file the decide of the petition 39 Rule 4 injunction is order I am extended.

Sd/-

Principal Junior Civil Judge,

Gajwel”

5. Be it stated that it is a slipshod order passed mechanically in a most incomprehensible language against the scheme and spirit of Order-39 of CPC without assigning any reasons. Feeling aggrieved by the same, the defendants have filed Civil Revision Petition.

6. Heard the learned counsel for the revision petitioners and respondent, the submissions made on either side have due consideration of this Court.

7. For the sake of convenience, the parties are hereinafter referred to as “plaintiff and defendants” as arrayed in the original suit.

8. The learned counsel for the revision

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