THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL MISCELLANEOUS APPEAL No.123 OF 2009
JUDGMENT : (Per Hon'ble Dr.SAJ)
This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of
CPC, is filed by the appellant/petitioner/plaintiff, aggrieved by the
order dated 25.04.2008 passed in I.A.No.4570 of 2007 in
O.S.No.707 of 2007, by the learned III Additional Chief Judge, City
Civil Court, at Hyderabad, wherein the subject Interlocutory
Application filed by the appellant/petitioner/plaintiff under Order
XXXIX Rule 1 and 2 r/w Section 151 of CPC, seeking temporary
injunction restraining the respondents/respondents/defendants
from alienating or changing the nature of suit property pending suit, was dismissed.
2. Heard both sides and perused the record.
3. In the course of submissions, it is brought to the notice of this Court by the learned counsel for the respondent Nos.4 to 7 that recording of evidence in the subject suit in O.S.No.707 of 2007 on the file of III Additional Chief Judge, City Civil Court, at Hyderabad, has been completed and the matter is coming up for hearing and therefore, the learned counsel made a request to this Dr.SA,J & NBK,J CMA.123/2009 Court to issue a direction to the Court below to dispose of the subject suit, expeditiously.
4. Since the recording of evidence in the subject suit in O.S.No.707 of 2007 on the file of III Additional Chief Judge, City Civil Court, at Hyderabad, has been completed and the matter is coming up for hearing, the request of the learned counsel for the respondent Nos.4 to 7 can be acceded to.
5. Accordingly, the Court below is directed to dispose of the subject suit in OS.No.707 of 2007, pending on its file, expeditiously, preferably, within a period of six (06) months from the date of receipt of a copy of this judgment.
6. With the above direction, this Civil Miscellaneous Appeal is disposed of.
Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. No order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 05th December, 2022 DSU/SCS