Sri Mohd Shameemuddin 13 Ors vs Sri Mohd Basheeruddin 9 Ors
2022 Latest Caselaw 6783 Tel

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

     CIVIL MISCELLANEOUS APPEAL No.623 OF 2017

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

     This appeal, under Order XLIII Rule 1 C.P.C., is filed by the

appellants/defendants aggrieved by the order and decree, dated

07.02.2014

, passed in I.A.No.18 of 2013 in O.S.No.1431 of

2013 by the learned XIII Additional District Judge, Ranga Reddy

District at L.B. Nagar, Hyderabad, whereby the Court below

restrained the appellant Nos.13 and 14/defendant Nos.13 and

14 from changing the native of the subject property till the

disposal of the Suit.

2. Heard. Perused the record.

3. Having made submissions for considerable time, learned

counsel for the appellants/defendants made a request to this

Court that since the subject Suit is of the year 2013 and trial

has already been commenced, a direction to the Court below to

dispose of the subject Suit expeditiously would suffice.

4. Since trial has already been commenced in the subject Suit,

it is not appropriate for this Court to go into the merits of the

case. Dwelling upon the merits of the case at this stage may

have a bearing over the final determination of the subject Suit.

Therefore, this Court is not inclined to do so.

5. In view of the submissions made by the learned counsel for

the appellants/defendants, the learned XIII Additional District

Judge, Ranga Reddy District at L.B. Nagar, Hyderabad, is

directed to dispose of the subject Suit in O.S.No.1431 of 2013

pending on its file, in accordance with law, within a period of

three (3) months from the date of receipt of a copy of this

order.

6. With the above direction, the appeal is disposed of.

Miscellaneous Petitions, if any, pending in this appeal shall

stand closed. There shall be no order as to costs.

_______________________ Dr. SHAMEEM AKTHER, J

_______________________ NAGESH BHEEMAPAKA, J Date: 13.12.2022 MD