THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.2298 of 2014 Between:
Dated 25th July, 2014 Chilkuri Narsimha (died) per LRs and others And …Petitioners St.Ann’s High School, rep.by its Correspondent, Secunderabad …Respondent Counsel for the petitioners: Sri Gaddam Srinivas Counsel for the respondent: ----
The Court made the following:
ORDER:
This civil revision petition is filed against order, dated 07.07.2014, in I.A.No.497 of 2014 in O.S.No.618 of 2006, on the file of the learned Principal Junior Civil Judge, Medchal, Ranga Reddy District at L.B.Nagar.
The father of the petitioners, by name, Chilkuri Narsimha, filed O.S.No.302 of 2002 for permanent injunction restraining the State Government and its functionaries from interfering with his possession of Acs.2.00 of land in Survey No.25/2 of Pet-Basheerabad Village, Qutubullapur Mandal, Ranga Reddy District. He has also filed O.S.No.618 of 2006 in the same Court against the respondent herein in respect of the same property for permanent injunction. The respondent filed I.A.No.497 of 2014 under Section 151 CPC for clubbing both the suits. The lower Court by order, dated 07.07.2014, allowed the said application.
It is not in dispute that the plaintiffs and the subject matter are common in both the suits. It is also not in dispute that the defendant in O.S.No.618 of 2006 is claiming the suit schedule property through the State Government based on the purported allotment. While in O.S.No.302 of 2002, the plea of the plaintiffs (petitioners herein) is that the State Government is interfering with their possession of the property, in O.S.No.618 of 2006, the respondent herein is allegedly interfering with their possession. As the respondent is claiming its right through the State Government, the Court below has rightly directed clubbing of both the suits in order to avoid conflicting judgments. Therefore, I do not find any material irregularity or illegality or jurisdictional error in the order of the lower Court warranting interference.
Hence, the civil revision petition is dismissed.
As a sequel to dismissal of the civil revision petition, C.R.P.M.P.No.3206 of 2014 shall stand dismissed as infructuous.
C.V.NAGARJUNA REDDY, J 25th July, 2014
VGB