Gontina Varaha Narasimha Rao ... vs Paidi Ammayyamma
2021 Latest Caselaw 3327 AP

     THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

AND THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

CIVIL MISCELLANEOUS APPEAL Nos.147 & 151 OF 2020

COMMON JUDGMENT:- (Per Hon'ble Sri Justice C.Praveen Kumar)

Heard Sri T.V.S.Prabhakar Rao, learned counsel for the

appellant in both the appeals.

2. Aggrieved by the orders, dated 3.2.2020, passed in

I.A.Nos.670 and 671 of 2018 in O.S.No.62 of 2018 on the file of the

learned XIII Additional District Judge, Visakhapatnam District at

Gajuwaka, wherein applications under Order 39 Rules 1 and 2

C.P.C. for grant of temporary injunction were dismissed, the

present Civil Miscellaneous Appeals came to be filed under Order

43 Rule 1 C.P.C.

3. Sri T.V.S.Prabhakar Rao, learned counsel for the appellant,

submits that he only seeks a direction to the trial Court for

disposal of the main suit itself i.e., O.S.No.62 of 2018 within a

specified period of time.

4. Having regard to the submissions made across the Bar and

taking into consideration the prevailing Covid-19 pandemic, it may

not be right on our part to fix a time limit for disposal of the case.

However, the present Civil Miscellaneous Appeals are disposed of

directing the trial Court to dispose of the main suit i.e., O.S.No.62

of 2018 pending on its file as early as possible. It is needless to

mention that both the parties shall cooperate for early disposal of

the suit uninfluenced by the observations made by this Court in

this judgment. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in these Civil

Miscellaneous Appeals shall stand closed.

_______________________________ JUSTICE C.PRAVEEN KUMAR

______________________________ JUSTICE B.KRISHNA MOHAN

Date : 2.9.2021 AMD

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

CIVIL MISCELLANEOUS APPEAL Nos.147 & 151 OF 2020

Date : 2.9.2021

AMD