Amer Ali Baig vs Smt.Usha Devi Sarda
2021 Latest Caselaw 1063 Tel

     HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO

                                   AND

           HONOURABLE SRI JUSTICE T.VINOD KUMAR

       CIVIL MISCELLANEOUS APPEAL No.805 OF 2019

JUDGMENT: (Per Sri Justice M.S.Ramachandra Rao)

      Heard Sri D. Jagadeshwar Rao, the learned counsel for the

petitioners and Sri C. Damodar Reddy, learned counsel for the

respondents.

2. In this appeal, order dated 02.04.2019 in I.A No.15 of 2019 in

O.S. No.2 of 2019 passed by the XII Additional Chief Judge, City Civil

Court at Secunderabad is challenged.

3. Admittedly, initially, the Court below had granted an ex parte

interim injunction on 04.01.2019 and later, after filing of counter by the

appellant, modified it to a "status quo" order on 02.04.2019.

4. The Court below in the said order had observed that an application

under Section Order-I Rule 10 CPC is pending and it is not appropriate

to dispose of I.A. No.15 of 2019 without disposing of the application

under Order-I, Rule 10 CPC.

5. It is now brought to our notice that the application under Order-I

Rule 10 CPC has been disposed of. Therefore, there is no impediment to

decide I.A. No.15 of 2019 on merits after hearing all the parties since the

matter has been pending for almost two years.

6. Therefore, the Civil Miscellaneous Appeal is disposed of

directing the Court of the XII Additional Chief Judge, City Civil Court,

Secunderabad to decide IA. No.15 of 2019 in O.S No.2 of 2019 pending

on its file before 30.04.2021 after hearing both sides. Till disposal of the

said I.A., the parties to the suit shall not change the physical features of

the property as they exist as on today.

7. Pending miscellaneous petitions, if any, shall also stand

dismissed. No costs.

___________________________ M.S.RAMACHANDRA RAO, J

___________________ T.VINOD KUMAR, J April 01, 2021

KTL