LAWS(APH)-1993-1-10

SR Y PHILOMENA Vs. ST ANNS CONVENT

Decided On January 21, 1993
Y.PHILOMENA Appellant
V/S
ANNS CONVENT, MEHDIPATNAM, HYDERABAD Respondents

JUDGEMENT

(1.) The petitioner herein filed a suit O.S.4030/1992 in the Court of the 6th Asst. Judge, City Civil Court, Hyderabad for certain reliefs. In that she had filed two petitions I. A. Nos.1603 and 1604 of 1992 for grant of temporary injunctions. The learned 6th Assistant Judge has granted an interim injunction in I. A. 1603/92. Against that an appeal C.M.A.318/92 is filed before the Chief Judge, City Civil Court, Hyderabad.

(2.) Therespondentsfiledasuit O.S.1209/1992 in the Court of the IV Additional Judge, City Civil Court, Hyderabad against the plaintiff. They have filed a petition O.P.1076/1992 in the Court of the Chief Judge, City Civil Court to transfer the suit O.S.4030/1992 in the court of the 6th Asst. Judge, City Civil Court, Hyderabad to the 4th Addl. Judge's Court to be tried along with O.S.1209/92. In that they have filed an application I.A.2498/1992 for stay of proceedings in the court of the 6th Assistant Judge pending disposal of the O.P. The learned Chief judge granted an ex parte interim stay of all the proceedings in O.S.4030/1992 in the court of the 6th Asst. Judge. Subsequently he modified the said order by confining the stay to the trial of the suit and not to the I.As. pending before the 6th Assistant Judge and also dismissed C.M.A.318/1992 with a direction to the 6th Assistant Judge to dispose of I.A.Nos.1603 and 1604 of 1992 in O.S.4030/1992 within a period of 10 days from the date of the receipt of the said orders. Two revision petitions have been filed by the respondents against the said two orders i.e., C.R.P.Nos.3638 and 3755 of 1992.

(3.) While so, the respondents have filed two other applications O.P.Nos.1240 and 1241 of 1992 before the Chief Judge, City Civil Court, Hyderabad to transfer O.S.4030/1992 on the file of the 6th Assistant Judge and O.S.1209/1992 on the file of the IV Additional Judge to the Court of the Chief Judge to be tried along with O.P.973/1992 filed by the petitioner herein. They filed an application I.A.2971/92 in O.P.1241/92 for stay of the proceedings in the court of the 6th Asst. Judge, City Civil Court, Hyderabad in O.S.4030/92 and I.A.2970/92 for stay of proceedings in O.S.1209/92 in the court of the IV Addl. Judge, City Civil Court, Hyderabad. The learned Chief Judge passed an order in I.A.2971 /92 in O.P.1241/92 directing interim stay of the proceedings in O.S.4030/92 on the file of the 6th Asst.Judge, City Civil Court, Hyderabad subject to the orders of this Court in C.R.P.No.3638/92. This revision is filed against the said order.