Citation : 2023 Latest Caselaw 110 Tel
Judgement Date : 5 January, 2023
THE HON'BLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.3671 of 2004
JUDGMENT:
1. The impugned application viz., I.A.No.838 of 2003 in
O.S.No.338 of 1990 on the file of the Court of learned II
Additional Senior Civil Judge, Warangal was filed by the
appellants seeking to appoint receiver for the management of suit
schedule properties pending final decree proceedings and to grant
the relief of Injunction restraining some of the respondents from
making constructions over the 'A' and 'B' schedule properties. The
said application was partly allowed granting the relief of
Injunction by virtue of common order dated 14.06.2004 along
with I.A.No.941 of 2001. Being dissatisfied by the grant of partial
relief of Injunction, the present Appeal is filed.
2. Heard.
3. A perusal of the record shows that the final decree
proceedings itself are concluded pending Appeal. Therefore, no
cause of action survives for adjudication in the present Appeal.
4. Hence, the Civil Miscellaneous Appeal is dismissed. No
costs.
Miscellaneous Petitions, pending if any, shall stand closed.
______________________ JUSTICE M.LAXMAN 05.01.2022 ESP
THE HON'BLE SRI JUSTICE M.LAXMAN
C.M.A.No.3671 of 2004
Dated: 05.01.2023
ESP
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