HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND FOURTEEN : PRESENT:
THE HON’BLE SRI JUSTICE: M.S.K. JAISWAL RECEIVE & TRANSMIT PETITION No.82 of 2014 AND RECEIVE & TRANSMIT CIVIL MISCELLANEOUS PETITION No. 93 OF 2014 Between:
Miss Crystal Gager, D/o. Nigel Gager, Occ: Student, R/o. 12-8-428, Modi Compound, Mettuguda, Secunderabad, represented by her natural Guardian Mr. Nigel Gager, S/o. Mr. Gager, S/o. Gager, Occ: Private, R/o. 12-8-428, Modi Compound, Mettuguda, Secunderabad .. Petitioner in R&TP No. 82 & R&TPMP No. 93 of 2014) (Plaintiff in IA. (SR) No. 30737 of 2014 sought to be received in the High Court, sought to be presented to the III Senior Civil Judge, City Civil Court, Secunderabad) AND
1. M / s . Rock Wood Steels a Partnership Firm, represented by its Managing Partner LANSAMANTH, S/o. L.K. Natraj, Occ: Business, #6- 1-289, formerly known as Casa Rosa Bungalow No. 5, Walker town, Padmarao Nagar, Secunderabad, (Respondent No. 1 is a not necessary party to this IA since No relief is claimed against hims added as a proforma party)
2. Sunil B. Sachdev, Occ: Managing Director, M/s. Gharonda Builders and Developers #44-4-932/1 to 3 Kandaswamy Lane, Opp: Hanuman Vyayamashala School, Sultan Bazaar, Hyderabad-5000093.
Respondents in R&TP No. 82 AND R&TPMP No. 93 of 2014) (Defendants in do) R & T P.No. 82 of 2014 Petition under Section 33 of the A.P. Civil Courts Act, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to receive the accompanying IA in O.S. No. 237 of 2012 and transmit the same to the Court of III Senior Civil Judge, Secunderabad after passing the orders in the application filed;
R &TMP. NO. 93 OF 2014 Petition under Order 39 Rule 1 & 2 r/w. Section 151 of CPC praying that in the circumstances stated in the affidavit filed in R&TP No. 82 of 2014 the High Court may be pleased to grant an ex-party ad-interim injunction restraining respondent No. 2, his men, agents, assignees, cohorts, attorneys, or any other claimining under him from alienating encumbering, creating third party interests such as sale, lease, mortgage, gift, agreement of sale, or any other conveyance of whatsoever nature over and above the suit schedule property, pending the disposal of present suit;
SCHEDULE PROPERTY All that immovable House Property with structure of 5 floors and land appurtenant thereto admeasuring about 1706.55 Square yards equivalent to 1426.88 Square Meters, with total built up area of about 30,000 square feet on First to 5th Floor in H. No. 6-1-289, Bangalow No. 5, “Casa Rosa” Walker Town, Padmarao Nagar, Secunderabad East: 80” Main Road towards Gandhi Hospital West: H. NO. 6-1-288.
North: H. No. 6-1-289/2, Gharonda Restaurant South: H. No. 6-1-289/1/A, Gharonda Swad Restaurant These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Sri Rama Rao Immaneni, Advocate for the Petitioner in all the petitions;
IT IS ORDERED AS FOLLOWS:
1. That the papers bearing I.A. (Sr) No. 30737 of 2014 sought to be preferred to the Court of the III Senior Civil Judge, City Civil Court, Secunderabad, be received in the High Court;
2. The notice returnable to the said Court of the III Senior Civil Judge, City Civil Court, Secunderabad, do issue to the Respondents in R&TP.M.P.No. 93 of 2014 returnable to the Court of the III Senior Civil Judge, City Civil Court, Secunderabad to show cause why this application should not be complied with:
3. The Court made the following ORDER:
“Issue notice to the respondents.
The Court below is directed to dispose of the application within one week from the date of receipt of the record. Status quo as on today shall be maintained”.
4. That the aforesaid papers bearing O.S.(Sr) No. 30737 of 2014 sought to be preferred to the Court of the III Senior Civil Judge, City Civil Court, Secunderabad, be transmitted to the said Court of the III Senior Civil Judge, City Civil Court, Secunderabad, SD/-C.V. MALLIKARJUNA VARMA ASSISTANT REGISTRAR // TRUE COPY // To FOR ASSISTANT REGISTRAR
1. The III Senior Civil Judge, City Civil Court, Secunderabad, (BY RPAD with petitions all the material papers of O.S)
2. Sunil B. Sachdev, Occ: Managing Director, M/s. Gharonda Builders and Developers #44-4-932/1 to 3 Kandaswamy Lane, Opp: Hanuman Vyayamashala School, Sultan Bazaar, Hyderabad-5000093. (BY RPAD)
3. One CC to Sri Rama Rao Immaneni, Advocate (OPUC)
4. The Section Officer, Judicial Section, High Court of A.P., Hyderabad.
5. Two spare copies. Ksv HIGH COURT Ksv Date of drafting: 01-10-2014 MSKJJ DATE: 01-10-2014 ORDER RTP NO. 82 OF 2014 AND RTPMP NO. 93 OF 2014 STATUS QUO