Gopisetti Venkayamma vs Nunna Ajaneyulu Died Per Lrs 3 And 4
2022 Latest Caselaw 9421 AP

 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

       CIVIL MISCELLANEOUS APPEAL No.53 OF 2019

JUDGMENT:

The appellants herein filed O.S.No.136 of 2011 on the file

of the Court of the Principal Junior Civil Judge, Ponnur, for

declaration and consequential relief of permanent injunction.

The said suit was dismissed by judgment and decree dated

29.03.2018. Aggrieved by the said judgment and decree, the

appellants herein preferred A.S.No.15 of 2018 on the file of the

Court of Principal Senior Civil Judge, Bapatla. In the said

appeal, I.A.No.613 of 2018 was filed under Order 39 Rules 1 and

2 C.P.C., seeking temporary injunction pending appeal. The said

I.A. was dismissed by an order dated 04.01.2018. Assailing the

said order dated 04.01.2018 passed in I.A.No.613 of 2018, the

present Civil Miscellaneous Appeal came to be filed.

2. On perusal of the record, this Court, while ordering

notice to the respondents, has granted interim injunction

initially for a period of four weeks by an order dated 28.02.2019

in I.A.No.1 of 2019. Both the learned counsels have agreed for

disposal of the present appeal with a direction to the lower

appellate Court for disposal of the appeal without going to the

merits of the case. Since the appeal relates to the year 2018, this

Court is inclined to dispose of the appeal as prayed for by both

the learned counsel.

3. Therefore, the Civil Miscellaneous Appeal is disposed

of directing the lower appellate Court to dispose of A.S.No.15 of

2018 within a period of six (6) months from the date of receipt of

a copy of this order. Both the parties shall maintain status quo

with regard to the subject property pending disposal of the

Appeal Suit before the lower appellate Court.

As a sequel, interlocutory applications pending, if any, in

this appeal shall stand closed. There shall be no order as to

costs of the appeal.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 07.12.2022 siva

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

CIVIL MISCELLANEOUS APPEAL No.53 OF 2019

Date: 07.12.2022

siva