Andhra Pradesh High Court - Amravati
Unknown vs This Civil Miscellaneous Appeal ... on 20 July, 2022
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL MISCELLANEOUS APPEAL NO.566 OF 2016
JUDGMENT:
This Civil Miscellaneous Appeal under Order XLIII Rule 1
of the Code of Civil Procedure, 1908 (for short 'CPC') by
respondent No.4/defendant No.4 against the order, dated
21.06.2016 passed in I.A.No.267 of 2016 in O.S.No.18 of 2016
on the file of learned Additional District Judge, Narsapur, West
Godavari District.
2. For the sake of convenience, parties shall be referred to as
they are referred to in O.S.No.18 of 2016. The appellant before
this Court is defendant No.4.
3. The brief facts of the case are that respondent No.1 being
the plaintiff filed O.S.No. 18 of 2016 to declare that he got
absolute right over the plaint schedule property as General
Power of Attorney Holder in view of Sale agreement -cum-
General Power of Attorney, dated 03.11.2007 and for
consequential relief of permanent injunction restraining
defendant Nos.1 to 4, their henchmen, followers and successors
from ever interfering with the possession and enjoyment of the
plaintiff in the plaint schedule property; to grant decree of
cancellation of registered settlement deed, dated 13.10.2004
executed by defendant No.3 in favour of defendant Nos.1 and 2;
to grant decree of cancellation of registered sale deed, dated
27.09.2007 executed by defendant Nos.1 and 2 in favour of
defendant No.4; to declare the action of defendant No.5 in
mutating the name of defendant No.4 in the revenue records as
null and void and for consequential relief of injunction directing
defendant No.5 to remove the name of defendant No.4 from the
revenue records. Along with the plaint, plaintiff filed I.A.No.267
of 2016 under Order XXXIX Rule 1 and 2 and 151 of CPC for
grant of ad-interim injunction. Initially by order, dated
29.04.2016, the Court below granted interim injunction till
06.06.2016 and by order, dated 21.06.2016, the interim order
granted earlier was extended until further orders. Aggrieved by
the same defendant No.4 filed the present civil miscellaneous
appeal.
4. Respondent No.1 filed counter stating that the court below
after considering the material available on record and having
found that prima facie case and balance of convenience are in
favour of the plaintiff, granted interim injunction and hence,
interference of this Court is not warranted. Hence, he prays to
dismiss civil miscellaneous appeal.
5. Heard Sri O. Manohar Reddy, learned Senior Counsel for
the appellant and Sri K. Chidambaram, learned counsel for
respondent No.1.
6. Learned Senior Counsel for the appellant submits that
pursuant to the ad-interim order, notices were served on the
defendants and in fact they appeared on 20.06.2016 and sought
time to file counter. He submits that originally the matter was
adjourned to 07.07.2016. However, later the date was struck off
and the date was changed as 21.06.2016, on which date interim
order granted earlier was extended until further orders
observing that inspite of notice, counsel for defendants were not
present and no counters were filed.
7. As stated supra, the above civil miscellaneous appeal is
filed against ad-interim injunction granted on 29.04.2016,
which was subsequently extended until further orders. Learned
Senior Counsel for the appellant submitted that counter is
already filed in I.A.No.267 of 2016.
8. Since counter is already filed according to learned Senior
Counsel without going into merits of the matter, this Court
deems it appropriate to direct learned trial Court to dispose of
interlocutory application on merits, if it is not already decided,
within thirty days as mandated under Order XXXIX Rule 3A of
CPC, from the date of receipt of a copy of this order. In case no
counters are filed, respondents are permitted to file their
counters within a period of one week from the date of receipt of
a copy of the order and on such filing of counters, I.A.No.267 of
2016 shall be disposed of within thirty days thereafter.
With the above direction, this Civil Miscellaneous Appeal
is disposed of. 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.566 OF 2016
Date : 20.07.2022
ikn
