Modem Yadagiri, And 6 Others vs Noothi Daiah, And 14 Others
2021 Latest Caselaw 2589 Tel

        THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

            CIVIL REVISION PETITION No.650 of 2020

ORDER:

This Civil Revision Petition is filed under Article 227 of the

Constitution of India questioning the order dated 04.12.2019

passed in Tr.O.P.No.11 of 2019 by the Principal District Judge,

Warangal.

2. The petitioners filed Tr.O.P. under Section 24 of C.P.C. to

transfer O.S.No.686 of 2003 pending on the file of II Additional

Junior Civil Judge, Warangal to the file of II Additional Senior Civil

Judge, Warangal to be disposed of along with O.S.No.124 of 2016.

3. On consideration of the material on record, the learned

District Judge dismissed Tr.O.P. on the ground that O.S.No.686 of

2003 is filed by the plaintiffs against 10 others for permanent

injunction and O.S.No.124 of 2016 is filed by the 3rd respondent

herein against the 1st petitioner and others for declaration of title

and consequential relief of injunction and that all the parties are

not the parties in OS.No.124 of 2016 and that O.S.No.686 of 2003

is at the stage of disposal and O.S.No.124 of 2016 is at the stage of

trial and that even if the judgments are passed in O.S.Nos. 686 of

2003 and 1652 of 2005 there will not be any impediment to

proceed with O.S.No.124 of 2016.

4. Having regard to the facts and circumstances of the case, the

order passed by the learned District Judge is just and proper and

hence, I see no ground much less valid and convincing ground to

interfere with the impugned order. Therefore, this Civil Revision

Petition is liable to be dismissed as devoid of merit.

5. In the result, the Civil Revision Petition is dismissed

confirming the order dated 04.12.2019 passed in Tr.O.P.No.11 of

2019 by the Principal District Judge, Warangal. No order as to

costs.

Miscellaneous petitions, if any, pending shall stand

dismissed.

__________________________ T. AMARNATH GOUD, J.

Date:14.09.2021 kvrm