"In The Result vs Sri N.Aswani Kumar
2021 Latest Caselaw 5108 AP

     THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
                         &
     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

     CIVIL MISCELLANEOUS APPEAL No.116 of 2020

JUDGMENT: (per Hon'ble Sri        Justice C.Praveen Kumar)

      The present appeal is filed under Order XLIII Rule-1 CPC

challenging the order, dated 10.01.2020, wherein the trial court in

I.A.No.45 of 2020 in O.S.No.1 of 2020 passed the following order:

          "In the result, the petition is allowed, granting temporary
   injunction restraining the respondent in alienating the petition schedule

property till 21.01.2020 and would continue until further orders only on deposit of balance sale consideration of Rs.47,74,550/- by the petitioner."

At the time of hearing of this appeal, Sri I.Koti Reddy, learned

counsel for the appellant/plaintiff would submit that the

appellant/plaintiff could not avail any benefit from the order passed

by the court below since the injunction was granted subject to

deposit of the amount, which the appellant/plaintiff is not in a

position to deposit. The learned counsel requests the court to give a

direction to court below to dispose of the appeal at the earliest.

Sri N.Aswani Kumar, learned counsel for the respondent, did

not seriously oppose the same.

Having regard to the above, without going into the merits of

the case, the CMA is disposed of, directing the court below to

dispose of the suit as early as possible, in accordance with law,

without being influenced by any of the findings in the order and

more particularly the failure on the part of the appellant herein in

depositing the amount.

                                  2                      CPK,J & RNT,J
                                                       CMA.116 of 2020

Pending miscellaneous petitions, if any, shall stand closed in

consequence.

____________________ C.PRAVEEN KUMAR,J

_______________________ RAVI NATH TILHARI,J Date: 09.12.2021 Dsr