D.Gopal Reddy vs Smt.P.Sujatha
2023 Latest Caselaw 163 Tel

          THE HON'BLE SRI JUSTICE T. VINOD KUMAR
                           AND
           THE HON'BLE SMT JUSTICE P.SREE SUDHA

                        CMA. No. 467 of 2002

JUDGMENT:(per the Hon'ble Smt Justice P.Sree Sudha)

         This Civil Miscellaneous Appeal is filed against the order dated

21.03.2022 in IA.No.381 of 2022 in OS.No.58 of 2022 on the file of

the Senior Civil Judge, Sangareddy.


2.       The appellant herein is the 1st defendant in the above suit.

The said suit was filed by the 1st respondent/plaintiff seeking

partition and separate possession of the suit schedule properties.

3. The 1st respondent/plaintiff also filed I.A.No.381 of 2022 in the

said suit seeking ad-interim injunction pending disposal of the suit.

4. By order dt.21.03.2022, the trial Court granted status quo

order till 04.04.2022. Aggrieved by the same, the present appeal is

filed.

5. Heard the learned counsel appearing for both the parties and

perused the record.

6. It is mainly contended by the learned counsel for the appellant

that in spite of the appellant filing a caveat petition, the trial Court

neither considered the same nor granted an opportunity of hearing to

the appellant, instead the impugned order of status quo came to be

passed without hearing the appellant.

7. Learned counsel for the appellant submits that caveat in the

matter was filed before the Court of Senior Civil Judge, whereas the

learned counsel appearing for the 1st respondent/plaintiff submits

that the caveat as alleged by the appellant has been filed before the

Court of Junior Civil Judge.

8. Having regard to the submissions made by the learned Counsel

on either side, this Court is of the considered view that it is just and

reasonable to remand the matter back to the trial Court with a

direction to give an opportunity of hearing to the appellant and

dispose of the application being IA.No.381 of 2022 within a period of

two (02) weeks from the date of receipt of a copy of this order. In the

meantime, status quo granted by the trial Court has to be continued.

9. Subject to the above directions, this CMA is disposed of. No

order as to costs.

10. Consequently, miscellaneous petitions pending, if any, shall

stand closed in the light of this final order.

___________________ T. VINOD KUMAR, J

___________________ P.SREE SUDHA, J 09th January, 2023

gra

THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SMT JUSTICE P.SREE SUDHA

CMA. No. 467 of 2022 (per the Hon'ble Sri Justice T.Vinod Kumar)

09th January, 2023

gra