Kamineni Swarna Kumari vs Kamineni Somanath Chowdary
2023 Latest Caselaw 2990 AP

                              1



     THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
                          &
          THE HON'BLE SRI JUSTICE V.SRINIVAS

     CIVIL MISCELLANEOUS APPEAL NO.167 of 2023

JUDGMENT: (per Sri Justice D.V.S.S.Somayajulu)


      Sri J.Sarath Chandra, learned counsel is appearing

for respondent No.1 and Sri Raviteja Padiri, learned

counsel is appearing for respondent No.3.

2. The essential grievance raised by the learned counsel

for the petitioner is that the counter affidavit has already

been filed in I.A.No.589 of 2022 in O.S.No.14 of 2022 on

24.08.2022. The impugned order was passed, on

01.02.2023, without considering the issues raised. Learned

counsel also points out that even if urgency is expressed,

the learned trial Court has duty to consider the counter

affidavit before coming to any conclusion.

3. Learned counsel for the respondents, on the other

hand, submits that since it is only an ad-interim order,

this Court need not interfere at this stage. Both the learned

counsel submits that the matter is listed to 12.05.2023 for

arguments. They also agreed that they are prepared to

argue the matter on 12.05.2023 on its merits.

4. Without expressing anything further on the merits of

the matter, since the counter of the respondent Nos.1 and

2 is already filed and Sri Raviteja Padiri, learned counsel

appearing for respondent No.3, agrees that they would also

cooperate with the Court below for disposal of the matter,

the Docket Order, dated 01.02.2023 is vacated and

direction is given to the learned XI Additional District

Judge to complete the hearing on priority and dispose on

merits of the matter.

5. With the above observations, the Civil Miscellaneous

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

6. As a sequel, Miscellaneous Applications, if any,

pending shall also stand dismissed.

________________________________ JUSTICE D.V.S.S.SOMAYAJULU

________________________ JUSTICE V.SRINIVAS

Date: 09.05.2023 Krs

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU & THE HON'BLE SRI JUSTICE V. SRINIVAS

Civil Miscellaneous Appeal No.167 of 2023

Dated: 09.05.2023

Krs