Mohsin Bin Salam And 3 Others vs Mubarak Bin Salam
2022 Latest Caselaw 2974 Tel

      THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

                      C.M.A.No.257 of 2022

JUDGMENT:-

1.    This Civil Miscellaneous Appeal is filed aggrieved by the

orders dated 08.12.2021 in I.A.No.1233 of 2019 in O.S.No.844

of 2019, on the file of the Court of II Additional Chief Judge,

City Civil Court at Hyderabad.


2.    Learned counsel for the appellants stated that the suit is

filed for cancellation of the gift deed executed in his favour and

they are defendants in the suit.           During the pendency of

proceedings in the suit, I.A.No.1233 of 2019 is filed by the

plaintiff seeking the following relief:-


     "I therefore pray that pending the main suit, this Hon'ble
     Court be pleased to pass an ad interim injunction order
     restraining the respondents from creating any further

charge on the suit schedule property or from changing the nature of the suit schedule property in any manner and pass such other order or orders as deem fit, necessary and proper in the interest of justice."

3. He stated that the trial Court was asked for only one

relief, either to restrain him from creating any further charge or

from changing the nature of the suit schedule property in any

manner, but the trial Court, without noticing the same and

without assigning proper reason, passed an order granting two

reliefs which is as follows:-

PSS,J CMA.No.257_2022

"In the result, the petition is allowed with costs by granting temporary injunction order restraining the respondents from creating any further charge and changing the nature of the petition schedule property in any manner till the disposal of the suit."

4. Therefore, the order of the trial Court is patently irregular

and is set-aside. The matter is remanded back with a direction

to dispose of the I.A.1233 of 2019 afresh.

5. In the result, the Civil Revision Petition is allowed. No

order as to costs.

6. Miscellaneous petitions, if any pending, shall stand

closed.

__________________________ JUSTICE P.SREE SUDHA

Dt.22.06.2022 ysk

PSS,J CMA.No.257_2022

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

C.M.A.No.257 of 2022

Dt.22.06.2022

ysk

PSS,J CMA.No.257_2022