Andhra Pradesh High Court - Amravati
Additional District And Sessions ... vs Unknown on 20 July, 2022
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL MISCELLANEOUS APPEAL NO.711 of 2016
JUDGMENT:
This Civil Miscellaneous Appeal under Order XLIII Rule 1
of the Code of Civil Procedure, 1908 (for short 'CPC') is filed by
defendant No.1 against the order, dated 27.06.2016, passed in
I.A.No.92 of 2013 in O.S.No.94 of 2013 on the file of learned XVI
Additional District and Sessions Judge, Nandigama, whereby
the petition filed by the plaintiffs under Order XXXIX Rules 1
and 2 of CPC was allowed and interim order passed on
10.07.2013 was made absolute.
2. For the sake of convenience, parties shall be referred to as
they are arrayed in the suit.
3. The brief facts of the case are that plaintiffs filed
O.S.No.94 of 2013 against the defendants with a prayer to grant
permanent injunction restraining the defendants, their men,
followers, associates, etc. from interfering with plaintiffs'
peaceful possession and enjoyment over the plaint schedule
property. Along with said suit, plaintiffs filed I.A.No.92 of 2013
seeking temporary injunction and the Court below initially
granted ad-interim injunction on 10.07.2013. Subsequent to
filing of counter by the defendants, interim order was made
absolute by order impugned. Aggrieved by the same defendant
No.1 is before this Court by way of this appeal.
4. Counter is filed on behalf of respondent Nos.1 and 2
stating that appellant/defendant No.1 had not obtained any
valid title to bind the plaintiffs or their vendors and the Court
below has made the interim order absolute after considering the
averments raised on either side. Therefore, the order impugned
does not warrant interference of this Court. Hence, prayed to
dismiss this civil miscellaneous appeal.
5. During pendency of this appeal, defendant No.1 i.e. sole
appellant died and his legal heirs are brought on record as
appellant Nos.2 to 6 by order, dated 20.07.2022 passed in
I.A.No.3 of 2018.
6. Heard Sri Prabhakar Rao, learned Counsel representing
Sri Ch. Ramesh Babu, learned counsel for the appellants and
Sri Raja Reddy Koneti, learned counsel for respondent Nos.1
and 2.
7. Initially this Court ordered notices to the respondents on
20.09.2016 and after service of notice, this appeal was listed on
20.10.2016. Thereafter it was listed on 04.07.2022, 18.07.2022
and to 20.07.2022 i.e. today.
8. When the matter is taken up for hearing, learned counsel
for the plaintiffs submitted that the plaintiffs' evidence was
completed and the evidence of defendants' is in progress.
9. The present suit is filed for perpetual injunction and it
pertains to the year, 2013. Therefore, without going into the
merits of the case as trial has already commenced and plaintiffs'
evidence was completed, this civil miscellaneous appeal is
disposed of, with the consent of the learned counsel on either
side, with a direction to the Court below to dispose of the suit
within three months from the date of receipt of a copy of this
order. No costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
________________________________
JUSTICE SUBBA REDDY SATTI
Date : 20.07.2022
IKN
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL MISCELLANEOUS APPEAL NO.711 of 2016
Date : 20.07.2022
ikn
