Smt. Pooja Rathod vs Tarun Rathod
2022 Latest Caselaw 2442 Tel

      THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
                        AND
     THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

     CIVIL MISCELLANEOUS APPEAL No.158 of 2020

JUDGMENT:       (Per Hon'ble Dr.Justice Shameem Akther)

     This Civil Miscellaneous Appeal, under Order XLIII Rule

1 of Code of Civil Procedure, 1908 (CPC) is filed by the

appellant/petitioner, challenging the order dated 22.02.2020,

passed in I.A.No.85 of 2020 in O.P.No.110 of 2020 by the

learned Judge, Additional Family Court, City Civil Court, at

Hyderabad, wherein the subject Interlocutory Application filed

by the appellant/petitioner under Order XXXIX Rule 1 and 2

r/w Section 151 of CPC, seeking to grant ad interim injunction

against   the   respondent       restraining     him      and   his   family

members from interfering with the custody of Master Darsh

Rathod, aged 5 ½ years, was dismissed.

2. Heard both sides and perused the record.

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

of this Court that the respondent herein had filed O.S.No.343

of 2019 before the learned III Additional Family Court, at

Chennai, wherein the petitioner herein had filed an application

vide I.A.No.2 of 2020 seeking custody of the child. Thereafter,

the said O.S. was transferred to the file of learned Judge, I

Additional Family Court, City Civil Court, at Hyderabad and it

was renumbered as O.P.No.119 of 2022. Now, O.P.No.119 of

2022 as well as O.P.No.110 of 2020 are pending before the

learned I Additional Family Court, City Civil Court, at

Hyderabad.

4. The learned counsel for the appellant made a request to

this Court to direct the learned Judge, I Additional Family

Court, City Civil Court, at Hyderabad, to dispose of

O.P.No.110 of 2020 and O.P.No.119 of 2022, expeditiously.

5. There is no objection to this request from the other

side.

6. In view of these circumstances, the learned Judge, I

Additional Family Court, City Civil Court, at Hyderabad, is

directed to dispose of O.P.No.110 of 2020 and O.P.No.119 of

2022 within two (2) months from the date of receipt of a copy

of this order.

7. Accordingly, this Civil Miscellaneous Appeal is ordered.

No costs.

Miscellaneous petitions, if any, pending in this appeal,

shall stand closed.

_____________________ Dr. SHAMEEM AKTHER, J

____________________ JUVVADI SRIDEVI, J Date: 08.06.2022 scs