Bekkari Sanjay Reddy v. Anvith Avenue Flat Owners Welfare Association
Court: High Court for State of Telangana
Bench: M.S.RAMACHANDRA RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-09. Bekkari Sanjay Reddy v. Anvith Avenue Flat Owners Welfare Association. Read the judgment and...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE NINTH DAY OF DECEN/BER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE M. S. RAMACHANDRA RAO CIVIL REVISION PETITION NO: 1095 OF 2020 Petition under Article 227 of lhe Constitution of lndia, against the Order and decree dated. 22. 02. 2020 made in 1. A. No. 1055 of 2019 in CMA No. 69 of 2019 on the file of the Court of the X Additional Chief Judge, City Civil Courts, at Hyderabad. Between: Bekkari Sanjay Reddy, S/o. Late Bekkari Krishna Reddy, Aged about 48 years, Occ. Service, Rl/o. Flat No. 601, Anvith Avenue, Street No. 16, Himayathnagar, Hyderabad. ... Petitioner/Appel lanUPetitione r/Plai ntiff AND Anvith Avenue Flat Owners Welfare Association, H. No. 3-6-218, Street No. 16, Himayathanagar, Near Vasavi Public School, Hyderabad- 500 028 Represented by its President. ... Respondents/Respondent/RespondenUDefendant tA. NO. 2 0F 2020 Petition under Order 39 rule 1 & 2 R/w.
Section 151 of CPC praying that this Hon'ble Court may be pleased to grant a temporary injunction in favour of the petitioner and against lhe Respondent thereby restraining the Respondent and all persons acting on ils behalf from interfering with the possession and enjoyment of the petitioner over the petition schedule property pending disposal of the main CRP. Petition Sched u le Prooe rt All that of flat Nos. 601 & 602, bearing Municipal No. 3-6-218/601 & 3-6- 218t602 on 6th Floor, (Pent House) in Anvith Avenue, admeasuring 5000 sq. Ft. together with proportionate undivided share of land of 131 Sq. Yds out of 1381 Sq. Yds including single room and toilet situated on the open unconstructed area on the 6th floor and common areas and earmarked two (2) car parking spaces in the premises bearing No. 3-6-218 (new) Old A-10-615, situated at Himayathnagar, Hyderabad.
Bou ndaries of Entire Land North: Neighnour's Property South: Neig hnour's Property East: 25-0 wide road West: Neighnour's Property Boundaries of Flat No. 601 & 602 North:Open to sky South: Open to Sky East: Open to Sky/ Corridor West: Open to Sky Counsel for the Petitioner: SRI A. VENKATESH Counsel for the Respondents: SRI D. V. SUDHIR KUMAR The Court made the following: ORDER I IONO U IT,\ BI-E SITI . I USTIC E }I. S. R,\N IACH. \NDR{ R. \ O CIVIL REVISION Pt-'l'ITIO\ \o. 1095 of 2020 OITDER: Heard learned counsel for petitioner and Sri D. V. Sudhir Kun-rar, learned counsel lor respondent. This Revision is llled challenging the order dt. 22-02-2020 in I. A. No. 1055 of 2019 in C. M. A. No. 69 of 2019 of the X Additional Chief Judge, City Civil Court at Hyderabad. On 2l-01-2020, this Courl had granted an order restraining the respondent fl'om interf-ering with the possession and enjoyment of the petitioner ovel the suit schedule propefty.
Since the apprehension ofthe respondent, for the present, is that petitioner is preventing its members from using the terrace, rvhich is the subject propefty, the ir. rterirn injunction granted by this Court is conflned only to restraining the respondent by way of injunction tiom proceeding with any construction in the suit schedule property. I ntake it clear that pending disposal of C. M. A. by the Court below, both parties shall have access to the subject property i. e. terrace in the 6'h floor of the subject apartments. The Court below is directed to decide the C. M. A. No. 69 of 2019 as expeditiously as possible preferably on the next date of hearing which is said to be on 04. 01 . 2021 .. ).. The Civil Revision Petition is disposecl of with the above dircctions. No costs. Consequently, miscellaneous pctitions, pending il any, shall stand closed. Sd/.
I,NAGA LAKSHMI ASSISTANT REG};TRAR t,/ //TRUE COPY// SECTION OFFICER To, 1 The X Additional Chief Judge, City Civil Courts, at Hyderabad. 2 One CC to Sri A. Venkatesh, Advocate [OPUC] 3 One CC to Sri D. V. Sudhir Kumar, Advocate [OPUC] 4 Two CD Copies N/I\,,{K HIGH COURT MSRJ DATED:0911212020 '1 l FiE S14 R o t o; o o 23 DECtw z )-f, * T rtO ORDER CRP. No. 1095 of 2020 DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS q
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