Jagarapu Demudu vs Jagarapu Suri
2022 Latest Caselaw 4337 AP

      THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI


      CIVIL MISCELLANEOUS APPEAL NO.637 OF 2015


JUDGMENT:

This Civil Miscellaneous Appeal under Order XLIII Rule 1

of the Code of Civil Procedure, 1908 is filed by defendant No.1

against the order, dated 10.08.2015 passed in I.A.No.812 of

2015 in O.S.No.219 of 2015 on the file of learned II Additional

District Judge, Guntur.

2. The brief facts of the case are that respondent Nos.1 to 4

herein being plaintiffs filed O.S.No.219 of 2015 against the

appellant/defendant No.1 and respondent No.2/defendant No.2

for permanent injunction. Along with the suit respondent Nos.1

to 4/plaintiffs filed I.A.No.812 of 2015 under Order XXXIX Rules

1 and 2 of CPC for grant of ad-interim injunction. By order,

dated 10.08.2015, lower Court granted ad-interim injunction

restraining the appellant/defendant No.1 and respondent

No.2/defendant from dispossessing respondent Nos.1 to

4/plaintiffs and further directed respondent Nos.1 to

4/plaintiffs not to make any permanent construction till

disposal of the application. Aggrieved by the said order, the

present civil miscellaneous appeal is filed.

3. Heard Sri K. Pruthvi Raj, learned Counsel appearing on

behalf of the appellant and Sri P. Hema Chandra, learned

counsel for respondent No.1.

4. Without going into the merits of the matter since, it was

represented by learned counsel for the appellant/defendant

No.1 that counter is filed in I.A.No.812 of 2015 in O.S.No.219 of

2015, this Court deems it appropriate to direct the trial Court to

dispose of the said I.A. on merits, if it is not already decided,

within a period of thirty days as mandated under Order XXXIX

Rule 3-A of CPC, from the date of receipt of a copy of this order.

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.637 OF 2015

Date : 20.07.2022

ikn