IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE : PRESENT: THE HON’BLE SRI JUSTICE: L. NARASIMHA REDDY RECEIVE & TRANSMIT MISCLANEOUS PETITION NO. 36 OF 2009 AND RECEIVE & TRANSMIT.PETITION No. 28 of 2009 Between: The Andhra Bank, Head Office, Saifabad, Hyderabad, rep. by its Chairman and Managing Director. . (Petitioner in R&T.P No. 28 and R & TMP. No. 36 of 2009) Appellant in CMA.(SR). No. 35441 of 2009 Sought to be received in the High Court, sought to be presented to the Chief Judge, City Civil Court, Hyderabad) AND Sri P. Shiva Kumar Reddy, S/o. P. Subba Reddy, Occ: Business, R/o. H. No. 24/395A, Saraswathi Nagar, Nellore District. Respondent in R&T. P. No. 28 and R & T. MP No. 36 of 2009) Respondent in –do- R&T. Petition No. 28 of 2009 Petition under Section 33 of A.P. Civil Courts Act 1972, praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to receive the CMA to be filed before the Chief Judge, City Civil Court, Hyderabad against the orders dated: 18-09-2009 passed in I.A. No. 801/2009 in O.S. No. 4120 of 2009 on the file of the V Junior Civil Judge, City Civil Court at Hyderabad and retransmit the same to the Chief Judge, City Civil Court, Hyderabad; R & T.M.P. No. 36 of 2009 Petition under Order Section 151 of C.P.C., r/w. Section 33 of A.P.Civil Courts Act, 1972 praying that in the circumstances stated in the affidavit filed in R&TP the High Court may be pleased to suspend the operation of the orders dated: 18-09- 2009 passed In I.A. No. 801 of 2009 in O.S. No. 4120 of 2009 on the file of V Junior Civil Judge, City Civil Court at Hyderabad; These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Smt. V. Dyumani, Advocate for the Petitioner in both the petitions, IT IS ORDERED AS FOLLOWS: 1. That the papers bearing CMA. (SR) NO. 35441 of 2009, sought to be preferred before the Court of the Chief Judge, City Civil Court, Hyderabad, be received in the High Court’; ..2.. 2. That the Court ordered as follows: “The petitioner sates that it has purchased an extent of Acs. 2.21 guntas of land through sale deed dated: 15-12-1975. The claim of the respondent in his suit is that an extent of 2632 square yards of land was purchased under an agreement of sale-cum-G.P.A. dated: 31-03-1991. It is represented that the petitioner enclosed the areea purchased by them in the year 1975, with a compound wall, and in portion of it, buildings have also been constructed. The matter needs to be examined. There shall be interim suspension of the order of temporary injunction granted by the trial Court on 18-09-2009, to be in force for a period of four (4) weeks from today”. 3. That the aforesaid papers bearing CMA(Sr) No. 35441 of 2009 sought to be presented before the Court the Chief Judge, City Civil Court, Hyderabad, be transmitted to the said Court of the Chief Judge, City Civil Court, Hyderabad. ASSISTATNT REGISTRAR // TRUE COPY // FOR ASSISTANT REGISTRAR To 1. The Chief Judge, City Civil Court, Hyderabad. (BY RPAD with all the material papers of the CMA.) 2. The V Junior Civil Judge, City Civil Court, Hyderabad. (BY RPAD) 3. Sri P. Shiva Kumar Reddy, S/o. P. Subba Reddy, Occ: Business, R/o. H. No. 24/395A, Saraswathi Nagar, Nellore District. (BY RPAD) 4. The Section Officer, Judicial Section, High Court of A.P., Hyderabad. 5. One CC to SMT. V. Dyumani, Advocate (OPUC) 6. One spare copy. Ksv HIGH COURT Ksv Date of drafting: 23-09-2009 LNRJ DATE: 23-09-2009 ORDER R&TMP. NO. 36 OF 2009 AND R&T P. No. 28 of 2009 INTERIM SUSPENSION