P.Narasimha Reddy Anr vs P.Chandraiah 3 Ors
2022 Latest Caselaw 6834 Tel

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


 CIVIL MISCELLANEOUS APPEAL Nos.1039 and 1042 OF 2009


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

      These appeals, under Order XLIII Rule 1 C.P.C., is filed by

the   appellants/plaintiffs   aggrieved   by   the   orders,   dated

30.06.2009, passed in I.A.Nos.2380 and 2379 of 2007 in

O.S.No.635 of 2007 by the learned Principal District Judge,

Ranga Reddy District at L.B. Nagar, whereby the subject

applications, filed under Order XXXIX, Rules 1 and 2 read with

Section 151 of C.P.C, seeking to grant ad interim injunction,

restraining the respondents/defendants from altering the nature

of the petition A and B schedule properties, pending disposal of

the main suit, wad dismissed.

2. Heard the learned counsel for both sides and perused the record.

3. There is no interim stay in these appeals. Having made

submissions for considerable time, learned counsel for the

appellants/plaintiffs made a request to this Court that since the subject Suit is of the year 2007 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/plaintiffs, learned Principal District Judge, Ranga

Reddy District at L.B. Nagar, is directed to dispose of the

subject Suit in O.S.No.635 of 2007, pending on its file, in

accordance with law, within a period of two (2) months from the

date of receipt of a copy of this order.

6. With the above direction, these both appeals are disposed

of.

Miscellaneous Petitions, if any, pending in these appeals

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

______________________ Dr. SHAMEEM AKTHER, J

_______________________ NAGESH BHEEMAPAKA, J

Date: 15.12.2022 PNS / BVV