THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL MISCELLANEOUS APPEAL Nos.524 AND 525 OF 2016
COMMON JUDGMENT: (Per Hon'ble Dr.SA,J)
Since the facts of the case, parties to the litigation and the
issue involved in both the appeals are one and the same, these
appeals are taken up together and are being disposed of by way of
this common judgment.
2. Civil Miscellaneous Appeal Nos.524 and 525 of 2016 are filed
under Order XLIII Rule 1 read with Section 104 of C.P.C by the
appellants/petitioners/plaintiffs, aggrieved by the common order
dated 25.04.2016 passed in I.A.Nos.1480 and 1481 of 2015 in
O.S.No.130 of 2015, by the learned Judge, Family Court-cum-VII
Additional District Judge, Medak at Sangareddy, wherein the
subject I.A.No.1480 of 2015 under Order XXXIX Rules 1 and 2
C.P.C seeking temporary injunction restraining the respondents/
defendants 1 to 4 from interfering with the peaceful possession and enjoyment of the petitioners over "A" schedule property admeasuring 0-37 guntas in Sy.No.197/2 and "B" schedule property admeasuring 0-15½ guntas in Sy.No.197/4, situated at Kalvakunta of Sangareddy Municipality, and the subject 2 I.A.No.1481 of 2015 under Order XXXIX Rules 1 and 2 CPC seeking temporary injunction restraining the respondents/ defendant Nos.1 to 4 from alienating the aforesaid properties in favour of third parties, pending disposal of the suit, were dismissed.
3. Heard both sides and perused the record.
4. In the course of submissions, Sri Palle Sriharinath, learned counsel for the appellants/petitioners/plaintiffs brought to the notice of this Court that the trial in the subject suit in O.S.No.130 of 2015 has been commenced and made a request to issue a direction to the Court below to dispose of the subject suit, expeditiously.
5. As seen from the material placed on record, the subject suit in O.S.No.130 of 2015 filed by the appellants/petitions/plaintiffs pertains to the year 2015. Therefore, the request of the learned counsel for the appellants can be acceded to.
6. Accordingly, the Court below is directed to dispose of the subject suit in O.S.No.130 of 2015 pending on its file, within a period of three (03) months from the date of receipt of copy of this common judgment.
3
7. With the above direction, both the Civil Miscellaneous Appeals are disposed of.
Miscellaneous Petitions, if any, pending in these appeals, shall stand closed. No order as to costs.
______________________ Dr. SHAMEEM AKTHER, J ______________________ NAGESH BHEEMAPAKA, J Date: 05th December, 2022 DSU/SCS