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2026 Supreme(Online)(Tel) 725

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Kadari Vijaya – Appellant
Versus
Kore Rajkumar – Respondent
CRP 4743/2025



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI CIVIL REVISION PETITION No.4743 OF 2025 DATE : 09.01.2026 Between:

Kadari Vijaya …Petitioner AND Kore Rajkumar …Respondent

ORDER:

This Civil Revision Petition is filed seeking a direction to the learned Principal Senior Civil Judge, Karimnagar, to take up and dispose of I.A.No.275 of 2022 in O.S.No.23 OF 2019 (Old) on the file of the Principal Junior Civil Judge at Karimnagar renumbered as I.A.No.139 of 2025 in O.S. No. 390 of 2025.

2. Heard Mr. Mirza Rizwan Alibaig, learned counsel for the petitioner.

3. Learned counsel for the petitioner submitted that the present Civil Revision Petition has been filed aggrieved by the inaction of the trial Court in keeping I.A. No. 275 of 2022 in O.S. No. 23 of 2019 (Old) pending without adjudication. It is contended that the petitioner instituted the said suit seeking a decree of perpetual injunction and, contemporaneously, filed the present interlocutory application under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), seeking the appointment of an Advocate Commissioner to visit the suit schedule property and record its physical features.

4. Learned counsel submitted that despite the filing of a detailed counter by the respondent, the interlocutory application continues to remain pending before the trial Court without any substantial progress. Such inaction, it is urged, has caused serious prejudice to the petitioner’s rights, as the object of seeking interim relief over the subject matter of the suit stands frustrated by the prolonged delay. It is, therefore, prayed that this Hon’ble Court be pleased to issue appropriate directions to the trial Court to dispose of the interlocutory application within a stipulated time frame.

5. I have given due consideration to the submissions made by the learned counsel for the petitioner and carefully examined the material available on record.

6. Upon a perusal of the record, it is evident that I.A. No. 275 of 2022 pertains to a prayer for the appointment of an Advocate Commissioner to inspect the suit property and record the physical features thereof. In this regard, the Hon’ble Supreme Court in Shiv Kumar Chadha v. Municipal Corporation of Delhi, (1993) 3 SCC 161, emphasized that applications for interim reliefs must be decided expeditiously, as undue delay in their disposal may occasion injustice to a party whose rights are in immediate jeopardy.

7. Having regard to the fact that the present interlocutory application has been pending since the year 2022 despite the respondent having filed their counter, and considering that such delay is likely to prejudice the petitioner’s substantive rights, this Court is of the view that the matter warrants expeditious consideration by the trial Court.

8. Accordingly, the trial Court is directed to take up I.A. No. 275 of 2022 in O.S. No. 23 of 2019 (Old) on a priority basis and dispose of the same on its merits and in accordance with law, as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order.

9. With the above directions, this Civil Revision Petition stands disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 09.01.2026

CHS

5081 THE HONOURABLE SRI JUSTICE N.TUKARAMJI CIVIL REVISION PETITION No.4743 of 2025 Dated: 09.01.2026 CHS

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