Telangana High Court
Nukavarapu Surya Kumari vs Paluri Satyanarayana on 25 April, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
CIVIL REVISION PETITION No.2310 of 2024
ORDER:
The present C.R.P. is filed aggrieved by the order
dated 27.10.2023 in I.A.No.323 of 2023 in O.S.No.344 of
2023, on the file of the Court of the Sub-Divisional
Magistrate and Special Assistant Agent to the Government,
Mobile Court at Bhadrachalam.
2. Heard Sri Krishna Kishore Kovvuri, learned counsel
for the petitioners and Sri G.V.S.Ganesh, learned counsel
for the respondents.
3. The petitioners herein are the defendants and the
respondents herein are the plaintiffs in the suit. For
convenience, the parties are hereinafter referred to as they
were arrayed in the suit.
4. Learned counsel for the petitioners would submit that
the respondents herein have filed a suit vide O.S.No.344 of
2023 against the petitioners herein for perpetual injunction
on the file of the Sub-Divisional Magistrate and Special
Assistant Agent to the Government, Mobile Court at
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Bhadrachalam along with an application seeking for ad-
interim injunction vide I.A.No.323 of 2023 in O.S.No.344 of
2023 and the trial Court vide order dated 27.10.2023
granted ex-parte ad-interim injunction, without issuing
notice to the petitioners. Learned counsel for the petitioners
would further submit that without assigning any reason, the
trial Court has granted injunction vide a cryptic order.
5. Learned counsel for the petitioners would submit that
this Court in number of cases remanded the matter back to
the Agent, when the order is bereft of reasons and non-
speaking order, and failed to consider the facts and
documents, placed on record.
6. Learned counsel for the respondents would submit that
this Court vide order dated 26.07.2024 granted status-quo in
all respects in terms of the order passed in I.A.No.323 of
2023 in O.S.No.344 of 2023, dated 27.10.2023, till the
counter affidavit is filed by the petitioners in interim
application and the same is decided. Learned counsel for
the respondents would further submit that the suit
Schedule property includes mango orchards that have
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ripened for harvest. In view of the interim order granted by
this Court on 26.07.2024, they are unable to pluck
mangoes and it may result in loss and damage.
7. Learned counsel for the respondents would further
submit that the petitioners herein are interfering with the
possession of the respondents and number of F.I.R's have
been registered against the petitioners and in fact in one of
the FIR registered against the petitioners they have
admitted about the conviction vide judgment dated
10.03.2023 and fine was imposed on them. Learned
counsel for the respondents would further submit that in
view of the urgency in the matter, the interim orders
granted on 26.07.2024 may be modified and the
respondents may be permitted to harvest the mangoes,
otherwise the mangoes will get spoiled and since mangoes
being seasonal crop, the respondents may loose the crop.
Learned counsel for the respondents has also filed I.A.No.2
of 2025 seeking direction to S.H.O., Ahwaraopet for police
protection.
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8. On the other hand, learned counsel for the
petitioners would submit that the disputed question of
facts has to be decided and the petitioners are in
possession of the suit schedule property since forty years.
Therefore, the matter may be remitted back to the agent to
the Government for expeditious disposal, instead of
entertaining the application vide I.A.No.2 of 2025 filed by
the respondents.
9. Learned counsel for the respondents did not oppose
the submissions made by the learned counsel for the
petitioners with regard to remand of the matter to the agent
to the Government for early disposal of the matter.
10. Considering the submissions made by both sides,
this Court is of the view that the matter deserves to be
remanded back to the Agent to the Government for
expeditious disposal. Since learned counsel for the
respondents expressed urgency in the matter as mangoes
are ripened for harvesting, the Agent to the Government is
directed to hear both parties and decide the application
I.A.No.3 of 2023, by duly taking into consideration the
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application as well as the counter-affidavit filed by the
petitioners herein and the material filed, if any, placed on
record by both parties by duly affording an opportunity of
hearing within a period of two (02) weeks from the date of
receipt of a copy of this order. Till disposal of the
I.A.No.323 of 2023 in O.S.No.344 of 2023, both the parties
are directed to maintain status-quo. No costs.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
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LAXMI NARAYANA ALISHETTY, J
Date: 25.04.2025
EDS
LNA, J
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
CIVIL REVISION PETITION No.2310 of 2024
Date:25.04.2025
EDS
