KHAISAR SABIHA Vs. YOGESH AGARWAL
LAWS(TLNG)-2020-2-11
HIGH COURT OF TELANGANA
Decided on February 17,2020

Khaisar Sabiha Appellant
VERSUS
YOGESH AGARWAL Respondents


Referred Judgements :-

DELHI DEVELOPMENT AUTHORITY VS. SKIPPER CONSTRUCTION [REFERRED TO]


JUDGEMENT

- (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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