B Sunitha Devi 2 Others vs B Mahitha Reddy 8 Others
2022 Latest Caselaw 5515 Tel

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

        CIVIL MISCELLANEOUS APPEAL No.820 OF 2017

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

        This Civil Miscellaneous Appeal, under Order XLIII Rule 1 r/w

Section 151 CPC, is filed by the appellants/respondent Nos.5, 7

and 9/defendant Nos.1, 6 and 8 aggrieved by the docket order,

dated 20.06.2017 passed in I.A.No.574 of 2017 in O.S.No.233 of

2012 by the learned X Additional Chief Judge, City Civil Court,

Hyderabad.

2. Heard the learned counsel for both sides and perused the

record.

3. The impugned docket order, dated 20.06.2017 passed in

I.A.No.574 of 2017 in O.S.No.233 of 2012 by the Court below,

reads as follows:

"Heard, issue notice to respondents 1 to 4, 7 to 9 through Court and Speed post acknowledgement due. Call on 13.07.2017. Meanwhile respondents are directed to maintain STATUS QUO as on today in respect of petition schedule property."

4. The subject I.A.No.574 of 2017 filed under Order XXXIX

Rules 1 and 2 of CPC, by the respondent Nos.1 to 3/

petitioners/defendant Nos.3 to 5, is pending before the learned X

Additional Chief Judge, City Civil Court, Hyderabad. A final order is

required to be passed in the subject I.A. Therefore, it is not

appropriate to express any opinion in relation to the merits of the

case. The Court below has to examine the documents filed by

both the sides, if any, and thereafter, has to dispose of the subject

I.A, in accordance with law.

5. Under these circumstances, the Court below is directed to

dispose of I.A.No.574 of 2017 in O.S.No.233 of 2012 pending on

its file, in accordance with law, within a period of three (03) weeks

from today, after affording opportunity to both the parties on

record. Both the parties are directed to maintain status quo in

relation to the suit schedule property till the subject I.A.No.574 of

2017 in O.S.No.233 of 2012 is disposed of.

6. With the above directions, this appeal is disposed of.

Miscellaneous Petitions, if any, pending in this appeal shall

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

______________________ Dr. SHAMEEM AKTHER, J

_______________________ NAGESH BHEEMAPAKA, J Date: 31.10.2022 Note: Registry is directed to communicate this order to the Court below forthwith.

(b/o) ssp