THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL MISCELLANEOUS APPEAL No.841 OF 2019
JUDGMENT: (Per Hon'ble Dr.SAJ)
This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of
CPC, is filed by the appellant/defendant No.18, aggrieved by the
docket order, dated 15.04.2019, passed in I.A.No.233 of 2019 in
O.S.No.30 of 2019, by the learned Senior Civil Judge, Jangaon.
2. Heard the learned counsel for the appellant and perused the
record.
3. No representation for the respondents.
4. The impugned docket order, dated 15.04.2019, reads as follows:
"Heard. Issue urgent notice to the respondent on payment of process in mean while respondent are directed to maintain Status-Quo over the property by not to alienating to third parties. Call on 29.04.2019."
5. In the course of submissions, it is brought to the notice of this Court by the learned counsel for the appellant that the Court below vide docket order, dated 15.04.2019 was pleased to direct the respondent Nos.2 to 29 to maintain status quo in respect of the suit schedule property. The subject I.A.No.233 of 2019 is pending. The said docket order, dated 15.04.2019 is an ex parte order.
Dr.SA,J & NBK,J CMA.841 of 2019
6. On 09.12.2019, in I.A.No.2 of 2019, this Court granted interim suspension of the impugned docket order, dated 15.04.2019. As per the mandate given under order XXXIX Rule 3A of CPC, after grant of ex parte order, application is required to be disposed of within thirty days from the date of ex parte order. Till date, the subject I.A.No.233 of 2019 has not been disposed of. In view of these circumstances, it is not appropriate to go into the merits of the case and determine the same.
7. In view of pending of the subject I.A.No.233 of 2019 before the Court below, the Court below is directed to dispose of I.A.No.233 of 2019 in O.S.No.30 of 2019 within two(2) weeks from the date of receipt of a copy of this order, after affording opportunity to both the parties on record.
8. With the above direction, the Civil Miscellaneous Appeal is disposed of.
Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 28.12.2022 ssp