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P. Gopi v. T. Technologies India (P) Ltd.
Factual and Procedural Background
This Civil Revision Petition was filed by the petitioner/defendant No.3 under Article 227 of the Constitution of India, challenging an order dated 05.09.2015 in IA No.1340 of 2015 related to IA No.1179 of 2015 in OS No.809 of 2015 before the learned I Additional District Judge, Ranga Reddy at L.B. Nagar. The IA No.1340 of 2015 sought to vacate an ex parte interim injunction granted in IA No.1179 of 2015 in OS No.809 of 2015. The learned judge observed that the parties and the subject matter in OS No.809 of 2015 and OS No.71 of 2014 (pending before the Additional Junior Civil Judge, Kukatpally at Miyapur) appeared to be the same, with overlapping property schedules. The court directed a hearing on the merits based on principles of comity and scheduled the matter for further hearing. Subsequently, the Original Suit No.71 of 2014 was transferred to the I Additional District Judge’s Court at L.B. Nagar to be tried along with OS No.809 of 2015.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court refrained from delving into the merits of the rival contentions. Instead, it focused on procedural efficiency and judicial economy, noting that both suits involved overlapping subject matter and had been consolidated under the same court. Given that both suits had been pending for over six years, the court found it justified and necessary to direct the trial court to dispose of both suits expeditiously and without unnecessary adjournments. The court emphasized cooperation from both parties to facilitate this process.
Holding and Implications
The Civil Revision Petition was disposed of.
The court directed the learned I Additional District Judge, Ranga Reddy at L.B. Nagar to dispose of OS No.809 of 2015 together with OS No.71 of 2014 (transferred and renumbered) as expeditiously as possible. Both parties were instructed to cooperate for the speedy disposal of the suits. No order as to costs was made. The decision primarily affects the procedural handling of the suits by consolidating their trial and accelerating their resolution. No new precedent was established by this order.
THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY CRP No.722 of 2016
ORDER:
1. This Civil Revision Petition is filed by the petitioner/defendant No.3 under Article 227 of the Constitution of India, assailing the order dated 05.09.2015 in IA No.1340 of 2015 in IA No.1179 of 2015 in OS No.809 of 2015 on the file of the learned I Additional District Judge, Rana Reddy at L.B.Nagar.
2. This application in IA No.1340 of 2015 was filed under Order- 39, Rule-4 read with Section 151 of the Civil Procedure Code praying the Court to vacate the ex parte interim injunction passed in IA No.1179 of 2015 in OS No.809 of 2015. The said IA was disposed of by the learned I Additional District Judge, Ranga Reddy with an observation that the parties to the subject matter and the suit survey number of both the suits i.e., O.S.No.809 of 2015 on the file of the I Additional District Judge, Ranga Reddy and OS No.71 of 2014 on the file of the Additional Junior Civil Judge, Ranga Reddy District, Kukatpally at Miyapur are one and the same, though different schedules are shown, it appears that the schedule of properties of both the suits are overlapping and accordingly hearing of the plaintiff is necessary in respect of merits of the case to take a decision on the principles of comity and also on merits and directed to list the matter on 07.09.2015. This order was challenged through this revision.
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CRP No.722 of 2016 3. The learned counsel for the revision petitioner and the respondent seeks to submit that pursuant to the orders of the Principal District Judge, Ranga Reddy at L.B. Nagar, the Original Suit No.71 of 2014 pending on the file of the Additional Junior Civil Judge, Ranga Reddy District, Kukatpally at Miyapur was transferred to the I Additional District Judge's Court, Ranga Reddy at L.B. Nagar, but they are not aware whether IA No.192 of 2014 is still pending in OS No.71 of 2014 or whether that IA No.192 of 2014 is disposed of.
4. Be that as it may, without looking into the merits of the rival contentions, in view of the request of the learned counsel for the revision petitioner and the respondent and as the suit in OS No.71 of 2014 is also transferred from the file of the Additional Junior Civil Judge, Kukatpally at Miyapur to the Court of I Additional District Judge, Ranga Reddy at L.B. Nagar, to be tried along with OS No.809 of 2015, let there be a direction to the I Additional District Judge, Ranga Reddy at L.B. Nagar to dispose of both the suits, as expeditiously as possible.
5. The Original Suit No.809 of 2015 is pending on the file of the I Additional District Judge, Ranga Reddy at L.B. Nagar. The connected suit in OS No.71 of 2014 is also transferred from the file of the Additional Junior Civil Judge, Kukatpally at Miyapur to the Court of I Additional District Judge, Ranga Reddy at L.B. Nagar and renumbered. In such circumstances, as both the suits are pending for
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CRP No.722 of 2016 more than six years, I find justification in the request of the revision petitioner and the respondent to issue a direction to the I Additional District Judge, Ranga Reddy at L.B. Nagar to dispose of both the Original Suits, as expeditiously as possible, without granting
unnecessary adjournments.
6. In the result, the Civil Revision Petition is disposed of.
The learned I Additional District Judge, Ranga Reddy at L.B. Nagar is hereby directed to dispose of OS No.809 of 2015 pending on the file of that Court along with OS No.71 of 2014 (old), which was transferred from the file of Additional Junior Civil Judge, Kukatpally at Miyapur and renumbered on the file of that Court to be tried together, as expeditiously as possible. Both the parties to the suits shall also cooperate with the Court below for expeditious disposal of the Original Suits, as directed. In the circumstances of the case, there shall be no order as to costs.
7. Miscellaneous applications, if any pending in this revision petition shall stand closed.
_______________________________
A. VENKATESHWARA REDDY, J.
Date: 06.01.2022
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