JUDGEMENT
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(1.)This Civil Revision Petition is directed against the order dated 18.09.2019 in C.M.A. No.70 of 2018 of XIII Additional
District & Sessions Judge, Ranga Reddy District at L.B. Nagar,
whereby the Appellate court, confirmed the order dated
13.08.2019 in I.A. No.510 of 2018 in I.A. No.208 of 2018 in O.S. No.387 of 2018 passed by the Learned VIII Additional Senior Civil
Judge, Ranga Reddy District.
(2.)The case of the revision petitioner is that the learned XIII Additional District & Sessions Judge, erred in confirming the order
passed by the VIII Additional Senior Civil Judge, Ranga Reddy
District in I.A. No.510 of 2018 in I.A. No.208 of 2018 in O.S.
No.387 of 2018 VIII Additional Senior Civil Judge, Ranga Reddy
District, whereby the revision petitioner was found to have acted in
disobedience and breach of the injunction order and convicted for
civil contempt under Order 39 Rule 2A of Civil Procedure Code,
1908.
(3.)The brief facts of the case are that the respondent herein had filed the suit against the revision petitioner in O.S. No. 387 of
2018, before the VIII Additional Senior Civil Judge, Ranga Reddy, for perpetual injunction in respect of the suit schedule property
bearing No. 4-7-146/16, on Plot No. 6, Shanthivanam Township,
admeasuring 260 Sy.yds, in Survey No. 260, Bagh Hayathnagar
Village & Revenue Mandal, Ranga Reddy District, Telangana. In
the said suit, the respondent herein filed an I.A. No.208 of 2018
under Order XXXIX Rules 1 and 2 CPC seeking the relief of
temporary injunction. The petitioner herein resisted the said I.A.
and filed counter, wherein it is claimed that the petitioner had
obtained provisional permission from the GHMC authorities for
construction of residential building consisting of first floor and the
construction of house is in progress. The Trial court after taking
in to consideration the documents available on record including
the judgment and decree dated 09.03.2016 in O.S. No. 105 of 2011
against the vendors of the petitioner herein, allowed the contested
I.A. No. 208 of 2018 by order and decree dated 02.05.2018
restraining the petitioner from proceeding with further
construction until disposal of the suit.
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