Prabhakar Reddy vs Smt. Gujja Madhavi
2022 Latest Caselaw 5236 Tel

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

         CIVIL MISCELLANEOUS APPEAL No.211 of 2022

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


      This appeal, under Order XLIII Rule 1 of CPC, is filed by the

appellants/defendants, challenging the order dated 13.04.2022

passed in I.A.No.281 of 2022 in O.S.No.222 of 2022 by the

learned IV Additional District Judge, Ranga Reddy District, at

L.B.Nagar.


2.    Heard both sides and perused the record.


3.    The contention of the appellant before this Court is that the

impugned order dated 13.04.2022 passed in I.A.No.281 of 2022

in O.S.No.222 of 2022 by the Court below is not a reasoned

order.


4.    As seen from the material placed on record and a perusal of

the impugned order dated 13.04.2022 passed by the Court below,

reveal that the learned Judge has recorded the contentions and

ultimately, was pleased to grant ex parte ad interim injunction in

favour of the respondent/plaintiff restraining the appellants/

defendants from interfering with the petition schedule property till

28.04.2022 and extended the same from time to time. It is

pertinent to state that since the subject I.A.No.281 of 2022 is

pending before the Court below, it is not appropriate to say

anything in relation to merits/demerits of the case as it would

influence the outcome of the subject I.A. The subject I.A. needs

to be determined on merits.

5. In view of these circumstances, the Court below is directed

to dispose of the subject I.A.No.281 of 2022, within two (2)

weeks from today.

6. With the above direction, this Civil Miscellaneous Appeal is

disposed of.

Miscellaneous petitions, if any, pending in this appeal shall

stand closed. No costs.

______________________ Dr. SHAMEEM AKTHER, J

______________________ NAGESH BHEEMPAKA, J Date: 20.10.2022

Note: Issue C.C in two (2) days.

(b/o) scs