Daggupati Farms And Estates vs Buddida Praveen Kumar
2023 Latest Caselaw 209 Tel

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

                        CMA. No. 555 of 2022

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

       This Civil Miscellaneous Appeal is filed against the ex-parte ad-

interim injunction order dated 22.09.2022 in IA.No.274 of 2022 in

OS.No.342 of 2022 on the file of the VI Addl. District & Sessions

Judge-cum-VI Additional Metropolitan Sessions Judge-cum-Family

Court, Prashanth Nagar, Ranga Reddy District at Kukatpally.


2.     The appellants herein are the defendants in the above suit.

The said suit was filed by the respondents/plaintiffs seeking

perpetual injunction.

3. During the pendency of the suit, the respondents herein filed

application being IA.No.274 of 2022 under Order XXXIX Rules 1 and

2 of CPC seeking ad-interim injunction pending disposal of the suit.

4. By order dt.22.09.2022, the trial Court granted ex-parte ad-

interim injunction till 14.10.2022. 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 appellants

that the provisions of Order XXXIX Rule 3 CPC were not complied and

that no reasons were recorded while passing the impugned ex-parte

order. It is also contended that survey numbers are also different.

7. On the representation being made as to the compliance of the

provisions of Order XXXIX Rule 3 CPC, the trial Court record is called

for and perused the same.

8. It is further contended by the learned counsel for appellants

that they have filed vacate stay petition and the same is posted to

31.01.2023 for hearing.

9. Having regard to the submissions made and since the vacate

stay petition is filed seeking to vacate the impugned ex-parte ad-

interim injunction and the same is posted to 31.01.2023 for hearing,

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 the trial

Court to dispose of the interim application being IA.No.274 of 2022,

after giving an opportunity of hearing to both the parties on the said

date i.e., 31.01.2023. In the meantime, both the parties are directed

to maintain status quo obtaining as on today and shall cooperate with

the trial Court in disposal of the said application.

10. Subject to the above directions, this CMA is disposed of.

Registry is directed to return the original record received to the trial

Court. No order as to costs.

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

stand closed in the light of this final order.

___________________ T. VINOD KUMAR, J

___________________ P.SREE SUDHA, J 11th January, 2023

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

CMA. No. 555 of 2022 (per the Hon'ble Sri Justice T.Vinod Kumar)

11th January, 2023

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