THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CIVIL MISCELLANEOUS APPEAL No.208 OF 2022
JUDGMENT:
The present Civil Miscellaneous Appeal is filed aggrieved by the order dated 29.03.2022 passed in I.A.No.279 of 2018 in A.S.No.116 of 2018 on the file of the Court of the Judge, Family Court-cum-V Additional District Judge, Tirupati.
2. The appellants herein filed the suit, O.S.No.213 of 2017 on the file of the Court of Principal Junior Civil Judge, Tirupati, for permanent injunction and the said suit was dismissed, vide decree and judgment dated 18.04.2018. Aggrieved by the said decree and judgment, the plaintiffs, who are the appellants herein, preferred appeal before the V Additional District Judge, Tirupati, vide A.S.No.116 of 2018. In the said appeal, the appellants herein filed I.A.No.279 of 2018 under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking temporary injunction and the said application was dismissed by the learned District Judge, Tirupati, vide order dated 29.03.2022. Aggrieved by the said order dated 29.03.2022, the present appeal is filed. 2
3. This Court, vide order dated 20.10.2022, granted status quo with regard to the schedule property. Both the learned counsel have come to consensus for disposal of the appeal with a direction to the lower appellate Court to dispose of the appeal. Hence, without going into the merits of the case, this Court is inclined to dispose of the appeal with a direction to the lower appellate Court to dispose of the A.S.No.116 of 2018 on merits within a period of four (4) months from the date of receipt of a copy of this judgment. Till then, both the parties shall maintain status quo with regard to the schedule property.
4. With the above direction, the Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs of the appeal.
As a sequel, interlocutory applications pending, if any, in this appeal shall stand closed.
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 19.12.2022 siva 3 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO CIVIL MISCELLANEOUS APPEAL No.208 OF 2022 Date: 19.12.2022 siva