Syed Gouse Ali vs Syed Shahed Ali And 28 Others
2022 Latest Caselaw 7081 Tel

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

         CIVIL MISCELLANEOUS APPEAL No.841 OF 2019

JUDGMENT: (Per Hon'ble Dr.SAJ)


      This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of

CPC, is filed by the appellant/defendant No.18, aggrieved by the

docket order, dated 15.04.2019, passed in I.A.No.233 of 2019 in

O.S.No.30 of 2019, by the learned Senior Civil Judge, Jangaon.

2.    Heard the learned counsel for the appellant and perused the

record.

3.    No representation for the respondents.

4. The impugned docket order, dated 15.04.2019, reads as

follows:

"Heard. Issue urgent notice to the respondent on payment of process in mean while respondent are directed to maintain Status-Quo over the property by not to alienating to third parties. Call on 29.04.2019."

5. In the course of submissions, it is brought to the notice of

this Court by the learned counsel for the appellant that the Court

below vide docket order, dated 15.04.2019 was pleased to direct

the respondent Nos.2 to 29 to maintain status quo in respect of

the suit schedule property. The subject I.A.No.233 of 2019 is

pending. The said docket order, dated 15.04.2019 is an ex parte

order.

Dr.SA,J & NBK,J CMA.841 of 2019

6. On 09.12.2019, in I.A.No.2 of 2019, this Court granted

interim suspension of the impugned docket order, dated

15.04.2019. As per the mandate given under order XXXIX Rule 3A

of CPC, after grant of ex parte order, application is required to be

disposed of within thirty days from the date of ex parte order. Till

date, the subject I.A.No.233 of 2019 has not been disposed of. In

view of these circumstances, it is not appropriate to go into the

merits of the case and determine the same.

7. In view of pending of the subject I.A.No.233 of 2019 before

the Court below, the Court below is directed to dispose of

I.A.No.233 of 2019 in O.S.No.30 of 2019 within two(2) weeks from

the date of receipt of a copy of this order, after affording

opportunity to both the parties on record.

8. With the above direction, the Civil Miscellaneous 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: 28.12.2022 ssp