Khosheka Kishore Kumar vs Telangana Housing Board
2022 Latest Caselaw 2914 Tel

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

                    C.M.A.No.226 OF 2022

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

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

the appellants/defendant Nos.9 to 12 aggrieved by the order,

dated     27.04.2022,   passed    in   I.A.No.753   of   2022   in

O.S.No.229 of 2022 by the learned IX Additional Chief Judge,

City Civil Court, Hyderabad, whereby, both the parties are

directed to maintain status quo till 21.06.2022.


2.      Heard Sri V. Murali Manohar, learned counsel for the

appellants/defendant Nos.9 to 12; Sri J. Prabhakar, learned

Senior Counsel representing Sri C. Buchi Reddy, learned

counsel for respondent No.1/plaintiff and perused the record.

3. Respondent Nos.2 to 9 are not necessary parties to the

appeal vide cause title.

4. Learned Senior Counsel appearing for respondent No.1/

plaintiff would submit that the original docket order, dated

27.04.2022, passed by the Court below, which is in the

handwriting of the learned Judge, has not been challenged, Dr.SA,J & JS,J C.M.A.No.226 of 2022

whereas some other order, such as warrant has been

challenged in this appeal. This Court, after examining the

said order, stayed the operation of the same, vide order,

dated 09.06.2022, passed in I.A.No.1 of 2022.

5. Admittedly, the original docket order passed by the

Court below, which is in the handwriting of the learned Judge,

is not challenged in this appeal. Anyhow, the subject I.A. is

required to be disposed of within 30 days, in view of the

mandate under Order XXXIX Rule 3A C.P.C.

6. Under these circumstances, the learned IX Additional

Chief Judge, City Civil Court, Hyderabad, is directed to

dispose of I.A.No.753 of 2022 in O.S.No.229 of 2022 pending

on its file, in accordance with law, within a period of 30 days

from today. Till the disposal of the subject I.A. by the Court

below, both the parties are directed to maintain status quo in

respect of the suit property.

7. With the above observations/directions, the appeal is

disposed of.

Dr.SA,J & JS,J C.M.A.No.226 of 2022

Miscellaneous Petitions, if any, pending in this appeal

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

______________________ Dr. SHAMEEM AKTHER, J

___________________ JUVVADI SRIDEVI, J Date: 20.06.2022 MD