M S Padmini Another vs M.E.Chinni Krishna 6 Others
2022 Latest Caselaw 6425 Tel

        THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
                               AND
     THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

CIVIL MISCELLANEOUS APPEAL Nos.524 AND 525 OF 2016

COMMON JUDGMENT: (Per Hon'ble Dr.SA,J)

     Since the facts of the case, parties to the litigation and the

issue involved in both the appeals are one and the same, these

appeals are taken up together and are being disposed of by way of

this common judgment.


2.   Civil Miscellaneous Appeal Nos.524 and 525 of 2016 are filed

under Order XLIII Rule 1 read with Section 104 of C.P.C by the

appellants/petitioners/plaintiffs, aggrieved by the common order

dated 25.04.2016 passed in I.A.Nos.1480 and 1481 of 2015 in

O.S.No.130 of 2015, by the learned Judge, Family Court-cum-VII

Additional District Judge, Medak at Sangareddy, wherein the

subject I.A.No.1480 of 2015 under Order XXXIX Rules 1 and 2

C.P.C seeking temporary injunction restraining the respondents/

defendants 1 to 4 from interfering with the peaceful possession

and enjoyment of the petitioners over "A" schedule property

admeasuring 0-37 guntas in Sy.No.197/2 and "B" schedule

property admeasuring 0-15½ guntas in Sy.No.197/4, situated at

Kalvakunta of Sangareddy Municipality, and the subject

I.A.No.1481 of 2015 under Order XXXIX Rules 1 and 2 CPC

seeking temporary injunction restraining the respondents/

defendant Nos.1 to 4 from alienating the aforesaid properties in

favour of third parties, pending disposal of the suit, were

dismissed.

3. Heard both sides and perused the record.

4. In the course of submissions, Sri Palle Sriharinath, learned

counsel for the appellants/petitioners/plaintiffs brought to the

notice of this Court that the trial in the subject suit in O.S.No.130

of 2015 has been commenced and made a request to issue a

direction to the Court below to dispose of the subject suit,

expeditiously.

5. As seen from the material placed on record, the subject suit

in O.S.No.130 of 2015 filed by the appellants/petitions/plaintiffs

pertains to the year 2015. Therefore, the request of the learned

counsel for the appellants can be acceded to.

6. Accordingly, the Court below is directed to dispose of the

subject suit in O.S.No.130 of 2015 pending on its file, within a

period of three (03) months from the date of receipt of copy of this

common judgment.

7. With the above direction, both the Civil Miscellaneous

Appeals are disposed of.

Miscellaneous Petitions, if any, pending in these appeals,

shall stand closed. No order as to costs.

______________________ Dr. SHAMEEM AKTHER, J

______________________ NAGESH BHEEMAPAKA, J Date: 05th December, 2022 DSU/SCS