Telangana High Court
Dr. Duvvuri Nageshwar Reddy vs Smt. Nunemunthala Saraswati Smt. ... on 30 November, 2022
Bench: Shameem Akther, Nagesh Bheemapaka
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL MISCELLANEOUS APPEAL No.509 of 2022
JUDGMENT: (Per Hon'ble Dr.SA,J)
This appeal, under Order XLIII Rule 1 of Code of Civil
Procedure, 1908 (for short "C.P.C"), is filed by the appellant/
defendant No.4, aggrieved by the order, dated 18.12.2021,
passed in I.A.No.1395 of 2021 in O.S.No.303 of 2021 by the
learned VI Additional District Judge, at Kukatpally, Ranga Reddy
District, in granting ex parte ad interim injunction order in favour
of the respondent Nos.1 to 3 herein/plaintiffs in respect of the
petition schedule property and extending the same until further
orders vide docket order dated 23.06.2022.
2. Heard the submissions of Sri B.Chandrasen Reddy, learned
Senior Counsel appearing for the appellant/defendant No.4, Sri
M.V.Durga Prasad, learned Senior Counsel for the respondent
Nos.1 to 3/plaintiffs and perused the record. Notices sent to
respondent Nos.4 to 6 were not yet returned.
3. In the course of submissions, it is brought to the notice of
this Court that the name of the appellant/defendant No.4 was
wrongly mentioned in the subject I.A.No.1395 of 2021, the suit in
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CMA No.509 of 2022
O.S.No.303 of 2021 and the impugned orders dated 18.12.2021
and 23.06.2022, and it needs to be corrected by the respondent
Nos.1 to 3/plaintiffs. The learned counsel for the respondent
Nos.1 to 3/plaintiffs would submit that he will take necessary
measures to correct the name of the appellant/defendant No.4 in
the subject suit and the Interlocutory Applications pending before
Court below.
4. It is contended by the learned Senior Counsel appearing for
the appellant/defendant No.4 that without proper mentioning of
the name of the appellant/defendant No.4 and by
misrepresenting the facts, the respondent Nos.1 to 3 herein/
plaintiffs obtained ex parte ad interim injunction order in their
favour.
5. It is evident from the material placed on record that the
respondent Nos.1 to 3 herein/plaintiffs filed the subject
I.A.No.1395 of 2021 in O.S.No.303 of 2021 before the Court
below, seeking ad interim injunction against the appellant/
defendant No.4 and respondent Nos.4 to 6/defendant Nos.1 to 3
on 15.12.2021. The Court below vide impugned order dated
18.12.2021 granted ex parte ad interim injunction order in favour
of the respondent Nos.1 to 3 herein/plaintiffs in respect of the
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CMA No.509 of 2022
petition schedule property and extended the same until further
orders vide docket order dated 23.06.2022. The contention of the
appellant/defendant No.4 is that by wrongly mentioning his name
and misrepresenting the facts, the respondent Nos.1 to 3 herein/
plaintiffs obtained ex parte ad interim injunction order in their
favour. At this juncture, it is not appropriate to express any
opinion in relation to merits of the case. The said exercise is
required to be carried out by the Court below. As per the
mandate given under Order XXXIX Rule 3A of CPC, the Court
below is required to dispose of the subject I.A.No.1395 of 2021
within thirty (30) days from the date on which the injunction was
granted. Much time has been passed. By this time, the Court
below ought to have finally disposed of the subject I.A. In view of
these circumstances, this Court deems it appropriate to direct the
Court below to dispose of the subject I.A. pending on its file,
expeditiously.
6. Accordingly, the Court below is directed to dispose of the
subject I.A.No.1395 of 2021 in O.S.No.303 of 2021 pending on its
file, within a period of three (03) weeks from today. It is needless
to say that the direction given herein shall also apply to the Court
having additional charge.
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7. With the above direction, this Civil Miscellaneous Appeal is
disposed of.
Miscellaneous petitions, pending if any, in this appeal, shall
stand closed. No costs.
_______________________
Dr. SHAMEEM AKTHER, J
_______________________
NAGESH BHEEMAPAKA, J
Date: 30.11.2022
Note: Issue C.C. by 01.12.2022.
(b/o)
scs
