Jonnalagadda Vaddi Kasulu 2 Others vs Jonnalagadda Koteswara Rao 6 Others
2024 Latest Caselaw 10020 AP

Andhra Pradesh High Court - Amravati

Jonnalagadda Vaddi Kasulu 2 Others vs Jonnalagadda Koteswara Rao 6 Others on 7 November, 2024

 APHC010726092012
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                       [3509]
                              (Special Original Jurisdiction)

               THURSDAY ,THE SEVENTH DAY OF NOVEMBER
                   TWO THOUSAND AND TWENTY FOUR

                                         PRESENT

            THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

         THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

                CIVIL MISCELLANEOUS APPEAL NO: 1134/2012

Between:

Jonnalagadda Vaddi Kasulu & 2 Others and Others             ...APPELLANT(S)

                                            AND

Jonnalagadda Koteswara Rao 6 Others and Others            ...RESPONDENT(S)

Counsel for the Appellant(S):

     1. E SAMBASIVA PRATAP

Counsel for the Respondent(S):

     1. P S P SURESH KUMAR

The Court made the following:

JUDGMENT:

- (per Hon'ble Sri Justice Ravi Nath Tilhari)

Heard Ms. V. Himabindu, learned counsel representing Sri E.Sambasiva

Pratap, learned counsel for the appellants and Sri P.S.P.Suresh Kumar,

learned counsel for the respondent Nos.1 & 2.

2. This appeal was filed by the plaintiffs in the suit. The plaintiffs filed

OS.No.2 of 2010 for declaration of title and permanent injunction in the Court of XI Additional District & Sessions Judge, Gudivada. In the said suit, they

filed an application for grant of temporary injunction vide IA.No.11 of 2010,

which was dismissed on 14.10.2011. Challenging the said order, the present

appeal has been filed.

3. Learned counsel for the appellants submits that the suit is still pending

and this appeal may be disposed of by issuing direction to decide the OS as

expeditiously as possible.

4. To the aforesaid submission, learned counsel for the respondents has no

objection.

5. Considering the aforesaid submissions, as also that this petition is

pending since 2012 against rejection of temporary injunction application and

no useful purpose would be served by considering the merits of the impugned

order as by lapse of time, the suit has proceeded further and the parties

counsels are not in a position to state the development about the evidence led

in the suit, we deem it fit, to meet the ends of justice, to dispose of the appeal

by issuing appropriate directions to the learned Trial Court for expeditious

disposal of the pending suit.

6. Consequently, the Civil Miscellaneous Appeal is disposed of directing the

learned Trial Court to decide OS.No.2 of 2010, by giving due opportunity to

the parties, in accordance with law, as expeditiously as possible, preferably

within a period of one year from the date of receipt of a copy of this order.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall also

stand closed.

____________________ RAVI NATH TILHARI,J

_______________________ CHALLA GUNARANJAN,J

Dated: 07.11.2024 AG

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI

THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

CIVIL MISCELLANEOUS APPEAL NO: 1134/2012

Dated: 07.11.2024 AG