Andhra Pradesh High Court - Amravati
Sri Vaziruddin Ahmed Siddiqui vs Sri Kanumuri Chandra Sekhar on 8 November, 2023
Bench: A V Babu
HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI
APPEAL SUIT No.371 OF 2022
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
10. 08.11.2023 AVRB, J:
The appellants herein were the
plaintiffs in Original Suit No.402 of 2019
and were also plaintiffs in Original Suit
No.1498 of 2005 on the file of the Court of II
Additional Senior Civil Judge,
Visakhapatnam (for short, „the learned trial
Judge‟). O.S. No.1498 of 2005 and O.S. No.
402 of 2019 were disposed of by the learned
trial Judge by way of common judgment on
25.11.2022. As against the judgment in
O.S. No.402 of 2019, the unsuccessful
plaintiffs therein filed the present Appeal as
well as Interlocutory Application No.1 of
2022 seeking interim injunction against the
respondents.
This Court, on 30.12.2022, passed
the following order in I.A. No.1 of 2022:
"Heard the learned counsel for
petitioners. Perused the record.
Plaintiffs in O.S. No.1498 of 2005 and
O.S. No.402 of 2019 are the appellants
herein.
Learned counsel for petitioners submit
that throughout the pendency of the Appeal
interim injunction was there in favour of
these petitioners and by virtue of the
judgments of the trial Court, they are in the
first appeal.
As per the submissions and Exs.A.51,
52, 53 and Exs.A.1 and A.2 mentioned in the
appendix of evidence of the impugned
judgments, petitioners could be said to be in
prime facie possession of the properties.
In view of the various questions of fact
and law that are raised in the first appeal,
interim injunction restraining the
respondents from interfering with petitioners'
possession and enjoyment of appeal
mentioned properties is granted till the next
date of hearing.
Issue notice to the respondents.
Learned counsel for petitioners is
permitted to take out personal notice to the
respondents and file proof of service in the
Registry.
List after six (6) weeks."
Subsequently, the respondents made
appearance and sought time to file counter.
Interim order is being extended from time to
time.
When that being so, I.A. No.1 of 2023
is filed to vacate the interim order, dated
30.12.2022, in I.A. No.1 of 2022.
The basis for this Court to grant
interim order on 30.12.2022 was mainly
Exs.A-51, A-52, A-53 and Exs.A-1 and A-2
mentioned in the appendix of the evidence
of the impugned judgment.
When those Interlocutory
Applications were taken up for hearing,
learned counsel for the petitioners filed the
copies of exhibits marked before the learned
trial Judge. It is evident from the
proceedings sheet, dated 19.06.2023. As
against the above, on 05.07.2023, learned
counsel for the respondents also sought
time to file exhibits that are marked before
the learned trial Judge.
While dealing with these applications,
this Court cannot decide the legality or
otherwise of the judgment of the learned
trial Judge. When the unsuccessful
plaintiffs filed the present Appeal as against
the dismissal of the Suit in O.S. No.402 of
2019, dated 25.11.2022, and filed I.A. No.1
of 2022 to get an Interlocutory Injunction
on the ground that they made prima-facie
case in their favour, the Court is supposed
to prima-facie look into the documents
marked before the trial Court to scrutinize
as to whether the petitioners are in
possession and enjoyment of the schedule
property. When the learned counsel for the
petitioners filed those documents, learned
counsel for the respondents having sought
time to file those documents, ultimately,
sought to advance arguments on
20.07.2023 on the ground that there is no
need to file the exhibits, at this stage, and
that he would argue the Interlocutory
Applications.
Having considered the respective
contentions of parties in I.A. No.1 of 2022
as well as in I.A. No.1 of 2023, I am of the
considered view that a look into the
documents that are marked by the parties
before the trial Court are of immense
necessity to find out the prima-facie case,
balance of convenience and likelihood of
irreparable injury. Disposing of the
aforesaid two Interlocutory Applications
without looking into the documents that are
marked on behalf of the respondents, before
the trial Court, would cause prejudice to the
respondents.
Under the circumstances, in the light
of the peculiar facts appearing from the
proceedings sheet, especially the request
made by learned counsel for the
respondents originally to file the documents
that are marked before the trial Court,
Registry is directed to call for the entire
Original Record of the trial Court in O.S.
No.402 of 2019.
In the meantime, it is open to the
respondents to file the documents that are
marked before the trial Court for the
purpose of effective disposal of I.A. No.1 of
2022 and I.A. No.1 of 2023.
As the main Appeal is not heart-in-
part, delete the matter from the caption
„reserved for orders‟.
In view of the change of roster, list
this matter before the appropriate Bench
having the provision as per the roster on
09.11.2023.
Interim order, granted earlier, is
extended till 09.11.2023.
____________
AVRB, J
DSH
