Uppalapati Damodar Naidu vs B.Subhagiri
2022 Latest Caselaw 9744 AP

 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

        CIVIL MISCELLANEOUS APPEAL No.208 OF 2022

JUDGMENT:

The present Civil Miscellaneous Appeal is filed aggrieved by

the order dated 29.03.2022 passed in I.A.No.279 of 2018 in

A.S.No.116 of 2018 on the file of the Court of the Judge, Family

Court-cum-V Additional District Judge, Tirupati.

2. The appellants herein filed the suit, O.S.No.213 of

2017 on the file of the Court of Principal Junior Civil Judge,

Tirupati, for permanent injunction and the said suit was

dismissed, vide decree and judgment dated 18.04.2018.

Aggrieved by the said decree and judgment, the plaintiffs, who

are the appellants herein, preferred appeal before the V

Additional District Judge, Tirupati, vide A.S.No.116 of 2018. In

the said appeal, the appellants herein filed I.A.No.279 of 2018

under Order 39 Rules 1 and 2 of the Code of Civil Procedure,

1908, seeking temporary injunction and the said application was

dismissed by the learned District Judge, Tirupati, vide order

dated 29.03.2022. Aggrieved by the said order dated

29.03.2022, the present appeal is filed.

3. This Court, vide order dated 20.10.2022, granted

status quo with regard to the schedule property. Both the

learned counsel have come to consensus for disposal of the

appeal with a direction to the lower appellate Court to dispose of

the appeal. Hence, without going into the merits of the case, this

Court is inclined to dispose of the appeal with a direction to the

lower appellate Court to dispose of the A.S.No.116 of 2018 on

merits within a period of four (4) months from the date of receipt

of a copy of this judgment. Till then, both the parties shall

maintain status quo with regard to the schedule property.

4. With the above direction, the Civil Miscellaneous

Appeal is disposed of. There shall be no order as to costs of the

appeal.

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

this appeal shall stand closed.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 19.12.2022 siva

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

CIVIL MISCELLANEOUS APPEAL No.208 OF 2022

Date: 19.12.2022

siva