Banoth Kishan And Another vs Smt. Chawli Vislavath

            HON'BLE SRI JUSTICE P.NAVEEN RAO
                                AND
            HON'BLE SMT JUSTICE P. SREE SUDHA


       CIVIL MISCELLANEOUS APPEAL No.513 of 2021
                        Date:01.12.2021

Between:

Banoth Kishan S/o.Banoth Mangya,
Aged about 39 yrs, Occu : Agriculture,
R/o.H.No.10-40, Rajuthanda, Pullur Village,
Garla Mandal, Mahabubabad District,
(Old Warangal District),
Aadhar Card No.7303 6847 9433 & another

                                              .....Appellants

     And

Smt Chawli Vislavath W/o.late Bhavsingh,
Vislavath, Aged about 69 yrs,
Occu : Household, R/o.H.No.8-3-833/A/4-7,
Flat No.503, Kaveri Block, Divyashakthi,
Apartments, Near Ganapathi Complex,
Srinagar Colony, Yellareddyguda,
Khairtabad, Hyderabad, T.S.
Aadhar Card No.4533 4486 6626

                                              .....Respondent

The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SMT JUSTICE P. SREE SUDHA CIVIL MISCELLANEOUS APPEAL No.513 of 2021 JUDGMENT: (Per Hon'ble Smt Justice P. Sree Sudha) Heard Sri V. Ravinder Rao, learned Senior Counsel appearing for Sri Venkata Raghu Mannepalli, learned counsel for the appellants and none appeared for the respondent.

2. This civil miscellaneous appeal is filed by the appellants/defendants against the docket order dated 22.03.2021 passed in I.A.No.216 of 2021 in O.S.No.02 of 2021 by the VI Additional District Judge, Warangal at Mahabubabad, in which the trial Court directed both the parties to maintain status quo and also directed not to create third party right or interest till filing of counter. The trial Court also directed issuance of urgent notice to the respondents 1 and 2 therein. Aggrieved by the said order, the appellants approached this Court.

3. Learned counsel for the appellants submitted that the order of trial Court is not supported by any reasons. He also submitted that counter is filed by the respondents/appellants but so far the matter is not heard causing hardship to the appellants.

4. The suit is filed for cancellation of sale deeds and hence, while issuing notice, it cannot be said that the trial Court erred in directing both the parties to maintain status quo and also not to -3- create third party rights, but the trial Court ought to have heard the I.A.No.216 of 2021 after the counter was filed.

5. As the counter is already filed by the respondents in the I.A., the appellants are directed to go before the trial Court and request the trial Court for early disposal of the matter on merits. The trial Court is directed to consider the counter, documents and also the contentions of appellants herein and to dispose of the I.A., as expeditiously as possible.

6. At this stage, the Court is informed that appellants filed C.R.P.No.1106 of 2021 against the very same order and the same is listed before the learned Single Judge and undertakes to withdraw the said C.R.P.

7. Recording the same and with the above observations, the Civil Miscellaneous Appeal is disposed of. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J __________________ P.SREE SUDHA,J 1st December, 2021 Rds -4- HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SMT JUSTICE P. SREE SUDHA CIVIL MISCELLANEOUS APPEAL No.513 of 2021 Date: 01.12.2021 Rds