THE HON'BLE SRI JUSTICE T. VINOD KUMAR
AND
THE HON'BLE SMT JUSTICE P.SREE SUDHA
CMA. No. 467 of 2002
JUDGMENT:(per the Hon'ble Smt Justice P.Sree Sudha)
This Civil Miscellaneous Appeal is filed against the order dated
21.03.2022 in IA.No.381 of 2022 in OS.No.58 of 2022 on the file of
the Senior Civil Judge, Sangareddy.
2. The appellant herein is the 1st defendant in the above suit.
The said suit was filed by the 1st respondent/plaintiff seeking
partition and separate possession of the suit schedule properties.
3. The 1st respondent/plaintiff also filed I.A.No.381 of 2022 in the said suit seeking ad-interim injunction pending disposal of the suit.
4. By order dt.21.03.2022, the trial Court granted status quo order till 04.04.2022. Aggrieved by the same, the present appeal is filed.
5. Heard the learned counsel appearing for both the parties and perused the record.
6. It is mainly contended by the learned counsel for the appellant that in spite of the appellant filing a caveat petition, the trial Court neither considered the same nor granted an opportunity of hearing to the appellant, instead the impugned order of status quo came to be passed without hearing the appellant. 2
7. Learned counsel for the appellant submits that caveat in the matter was filed before the Court of Senior Civil Judge, whereas the learned counsel appearing for the 1st respondent/plaintiff submits that the caveat as alleged by the appellant has been filed before the Court of Junior Civil Judge.
8. Having regard to the submissions made by the learned Counsel on either side, this Court is of the considered view that it is just and reasonable to remand the matter back to the trial Court with a direction to give an opportunity of hearing to the appellant and dispose of the application being IA.No.381 of 2022 within a period of two (02) weeks from the date of receipt of a copy of this order. In the meantime, status quo granted by the trial Court has to be continued.
9. Subject to the above directions, this CMA is disposed of. No order as to costs.
10. Consequently, miscellaneous petitions pending, if any, shall stand closed in the light of this final order.
___________________ T. VINOD KUMAR, J ___________________ P.SREE SUDHA, J 09th January, 2023 gra 3 THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SMT JUSTICE P.SREE SUDHA CMA. No. 467 of 2022 (per the Hon'ble Sri Justice T.Vinod Kumar) 09th January, 2023 gra