Gorripothu Chinnam Naidu vs Smt.Badana Revathi And 2 Others
2021 Latest Caselaw 1808 AP

         THE HON'BLE SRI JUSTICE K. SURESH REDDY

        CIVIL MISCELLANEOUS APPEAL No.766 of 2018

JUDGMENT :

This Civil Miscellaneous Appeal is filed by the appellant

against the Order, dated 30.12.2017 passed in I.A.No.383 of 2016

in O.S.No.185 of 2016 on the file of the Court of II Additional

District Judge, Visakhapatnam.

2. Brief facts of the case are that the appellant herein is the

plaintiff, who filed a suit in O.S.No.185 of 2016 on the file of the

Court of II Additional District Judge, Visakhapatnam, seeking

permanent injunction. Along with suit, he also filed I.A.No.383 of

2016 seeking temporary injunction under Order XXXIX Rules-1 &

2 Code of Civil Procedure,1908. After elaborate discussion, the

learned trial Judge dismissed the said application, by its order,

dated 30.12.2017.

3. Aggrieved by the same, the appellant herein filed the present

civil miscellaneous appeal.

4. Heard learned counsel for the appellant and learned counsel

for the respondents.

5. Both the counsels submit that the suit was instituted in the

year 2016 and they are ready for expeditious disposal and sought

for a direction for early disposal of the suit itself.

6. Considering the facts and circumstances of the case and also

the submissions of both the counsels, instead of going into the

merits and demerits of the case at this interlocutory stage, this

Court feels that the main suit itself can be disposed of.

7. In that view of the matter, the learned II Additional District

Judge, Visakhapatnam, is directed to dispose of the suit in

O.S.No.185 of 2016 as expeditiously as possible preferably by

30.04.2022. The learned trial Judge is directed to dispose the said

suit uninfluenced by any of the observations made in the order,

dated 30.12.2017 passed in I.A.No.383 of 2016. It is also made

clear that both the parties have to co-operate for expeditious

disposal of the suit in O.S.No.185 of 2016.

8. With the above direction, the Civil Miscellaneous Appeal is

disposed of. There is no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall

stand closed.

_______________________ K. SURESH REDDY, J 1st April,2021.

RPD.

HON'BLE SRI JUSTICE K. SURESH REDDY

CIVIL MISCELLANEIOUS APPEAL No.766 of 2018

Dated : 01.04.2021

RPD.