Telangana High Court
Venepally Srilakshmi Himabindu ... vs Surineni Sudha Rani 4 Others on 12 December, 2022
Bench: Shameem Akther, M.G.Priyadarsini
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
CIVIL MISCELLANEOUS APPEAL No.812 of 2016
JUDGMENT: (Per Hon'ble Dr.SA,J)
This Civil Miscellaneous Appeal, under Order XLIII Rule 1
of CPC, is filed by the appellants/respondent Nos.2 and
3/defendant Nos.2 and 3, aggrieved by the order dated
09.10.2015 passed in I.A.No.793 of 2015 in O.S.No.34 of 2015
by the learned VIII Additional District Judge, at Miryalaguda,
wherein the Court below granted interim injunction in favour of
the respondent Nos.1 & 2 herein/petitioners/plaintiffs,
restraining the appellants/respondent Nos.2 and 3/defendant
Nos.2 and 3, from alienating the petition schedule properties in
the name of the third parties till the disposal of the plaint.
2. Heard the submissions of Sri K. Krishna Mohan, learned
counsel for the appellants, Sri P. Prabhakar Rao, learned counsel
for the respondent Nos.1 and 2 and perused the record.
3. No representation for the respondent Nos.3 and 5. The
learned counsel for the appellants filed a Memo vide USR
No.50988/2021 and submitted that respondent No.4 died on
2 Dr.SA,J & MGP,J
CMA No.812 of 2016
09.12.2020 and the respondent Nos.1 to 3, who are already on
record, are the legal heirs of respondent No.4.
4. The learned counsel for the appellants/defendant Nos.2
and 3 would contend that the Court below while dealing with the
subject I.A.No.793 of 2015, did not advert to the provisions
under Order XXXIX Rule 1 and 2 of CPC as well as Rule 3A of
CPC. It is brought to the notice of this Court that in view of
reorganization of Judicial Districts in the Telangana State, the
subject suit has been transferred to the Court of I Additional
District Judge, Suryapet and renumbered as O.S.No.24 of 2022.
At present, the suit is at the stage of trial and ultimately, prayed
to allow the appeal, as prayed for.
5. Here, it is apt and appropriate to extract operative portion
of the impugned order dated 09.10.2015 passed in I.A.No.793
of 2015 in O.S.No.34 of 2015 by the learned VIII Additional
District Judge, at Miryalaguda, reads as follows:
"Issue interim injunction restraining the respondents
from alienating the property in the name of the 3rd
parties till the disposal of the plaint."
3 Dr.SA,J & MGP,J
CMA No.812 of 2016
A perusal of the aforesaid order reveals that it is an ex parte
order and that the temporary interim injunction was granted till
the disposal of the plaint, which is patently erroneous. As per
the mandate given under Order XXXIX Rule 3A of CPC, the Court
below is required to dispose of the subject I.A.No.793 of 2015
within thirty (30) days from the date on which ex parte
injunction order was granted. Much time has been passed. By
this time, the Court below ought to have finally disposed of the
subject I.A. Further, the subject suit in O.S.No.34 of 2015 filed
by the respondent Nos.1 and 2 herein/plaintiffs seeking partition
and separate possession of the suit schedule properties, pertains
to the year 2015. As per the circulars issued by the High Court
from time to time, suits pending since more than five years have
to be given utmost priority and the Presiding Officer concerned
shall make every endeavor to dispose of the cases on priority
basis and reduce the pendency of pre-2018 cases. Since the
subject suit pertains to the year 2015, the Court concerned
ought to have disposed of the subject suit, by this time. In view
of these circumstances, it is appropriate to direct the Court
concerned to dispose of the subject suit in O.S.No.24 of 2022
(old O.S.No.34 of 2015), expeditiously.
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CMA No.812 of 2016
7. Accordingly, this Civil Miscellaneous Appeal is allowed and
the impugned order dated 09.10.2015 passed in I.A.No.793 of
2015 in O.S.No.34 of 2015 by the learned VIII Additional District
Judge, at Miryalaguda, is set aside. Consequently, I.A.No.793 of
2015 is restored to its file, for fresh disposal, in accordance with
law. The learned I Additional District Judge, Suryapet, is
directed to dispose of the subject suit in O.S.No.24 of 2022 (old
O.S.No.34 of 2015) pending on its file, expeditiously, preferably,
within a period of three (03) months from the date of receipt of
a copy of this judgment.
As a sequel, miscellaneous petitions pending, if any, in this
appeal, shall stand closed. No order as to costs.
______________________
Dr. SHAMEEM AKTHER, J
______________________
M.G. PRIYADARSINI, J
Date: 12.12.2022
scs
