Gorripothu Chinnam Naidu vs Smt.Badana Revathi And 2 Others

Andhra Pradesh High Court - Amravati

Gorripothu Chinnam Naidu vs Smt.Badana Revathi And 2 Others on 1 April, 2021

Bench: K Suresh Reddy

         THE HON'BLE SRI JUSTICE K. SURESH REDDY

        CIVIL MISCELLANEOUS APPEAL No.766 of 2018

JUDGMENT :

This Civil Miscellaneous Appeal is filed by the appellant against the Order, dated 30.12.2017 passed in I.A.No.383 of 2016 in O.S.No.185 of 2016 on the file of the Court of II Additional District Judge, Visakhapatnam.

2. Brief facts of the case are that the appellant herein is the plaintiff, who filed a suit in O.S.No.185 of 2016 on the file of the Court of II Additional District Judge, Visakhapatnam, seeking permanent injunction. Along with suit, he also filed I.A.No.383 of 2016 seeking temporary injunction under Order XXXIX Rules-1 & 2 Code of Civil Procedure,1908. After elaborate discussion, the learned trial Judge dismissed the said application, by its order, dated 30.12.2017.

3. Aggrieved by the same, the appellant herein filed the present civil miscellaneous appeal.

4. Heard learned counsel for the appellant and learned counsel for the respondents.

5. Both the counsels submit that the suit was instituted in the year 2016 and they are ready for expeditious disposal and sought for a direction for early disposal of the suit itself.

6. Considering the facts and circumstances of the case and also the submissions of both the counsels, instead of going into the merits and demerits of the case at this interlocutory stage, this Court feels that the main suit itself can be disposed of. 2

7. In that view of the matter, the learned II Additional District Judge, Visakhapatnam, is directed to dispose of the suit in O.S.No.185 of 2016 as expeditiously as possible preferably by 30.04.2022. The learned trial Judge is directed to dispose the said suit uninfluenced by any of the observations made in the order, dated 30.12.2017 passed in I.A.No.383 of 2016. It is also made clear that both the parties have to co-operate for expeditious disposal of the suit in O.S.No.185 of 2016.

8. With the above direction, the Civil Miscellaneous Appeal is disposed of. There is no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________ K. SURESH REDDY, J 1st April,2021.

RPD.

HON'BLE SRI JUSTICE K. SURESH REDDY CIVIL MISCELLANEIOUS APPEAL No.766 of 2018 Dated : 01.04.2021 RPD.