Shahzaadi Begum And 3 Others vs Mohammed Shujath And Another
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Telangana High Court

Shahzaadi Begum And 3 Others vs Mohammed Shujath And Another on 11 June, 2025

     THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

       CIVIL MISCELLANEOUS APPEAL No.513 OF 2013

JUDGMENT:

Aggrieved by the order, dated 15.04.2013, in I.A.No.94 of

2013 in O.S.No.169 of 2013 passed by the VII Senior Civil Judge,

City Civil Court, Hyderabad, the present Civil Miscellaneous

Appeal is filed.

2. O.S.No.169 of 2013 is filed by the plaintiffs, who are

respondents in CMA.No.513 of 2013, for partition and separate

possession.

3. I.A.No.94 of 2013 in O.S.No.169 of 2013 was filed under

Order XXXIX Rules 1 and 2 of the Code of Civil Procedure by

respondents/plaintiffs to grant a temporary injunction against the

appellants/defendants restraining them from alienating the suit

schedule property pending disposal of the suit. The said I.A. was

allowed and following is the operative portion of the order:

"In the result, the petition is allowed. Temporary injunction is granted against the respondents, restraining them from alienating the suit schedule property in favour of third parties in any manner, pending disposal of the suit."

4. Challenging the said order, the present CMA is filed. No

interim orders have been passed in the CMA.

JAK, J cma.No.513_2013

5. Today, when the matter is called, both the counsels are

present. It is informed by both the counsels that chief examination

of plaintiffs is over and cross examination is in process. In the

meanwhile, certain interlocutory applications are filed and are

pending before the Court.

6. Order dated 15.04.2013 passed in I.A.No.94 of 2013 in

O.S.No.169 of 2013 is in operation from 15.04.2013 to till date.

Interest of justice would be served, if order dated 15.04.2013,

passed in I.A.No.94 of 2013 in O.S.No.169 of 2013, is continued

till the suit is disposed of.

7. Since the suit for partition is of the year 2013 and 12 years

have been elapsed, both the counsels requested this Court that

there be a direction to Court below to expedite the O.S.No.169 of

2013 and pass orders as early as possible.

8. Taking into consideration the request of both the counsels,

this Court deems it appropriate to request the VII Senior Civil

Judge, City Civil Court, Hyderabad, to expedite the process of

hearing O.S.No.169 of 2013 and pass orders as early as possible.

JAK, J cma.No.513_2013

9. With the above direction, civil miscellaneous appeal is

disposed of. No order as to costs.

Miscellaneous applications pending, if any, shall stand

closed.

___________________________ ANIL KUMAR JUKANTI, J

Date: 11.06.2025 Kgk JAK, J cma.No.513_2013

THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

C.M.A.No.513 OF 2013

Date: 11.06.2025

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