Sri P.Hanumanth Reddy v. Ms. P. Anusha Reddy

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL MISCELLANEOUS APPEAL No.1032 of 2013 Date: 29.01.2015 Between:

Sri P. Hanumanth Reddy, R/o. Pacharam Village, Patancheru Mandal, Medak District.

..... Appellant AND Ms/P. Anuusha Reddy, APHB Colony, New Balaji Nagar, Kukatpally, Hyderabad and others .....RESPONDENTS Counsel for the Appellant: Mr. P. Veera Reddy Counsel for the Respondent No.1: Mr. Eranki Phani Kumar, Counsel for the Respondent Nos.2 to 4: -- Counsel for the Respondent Nos.5 to 10: Mr. P. Venkat Reddy The Court made the following :

ORDER:

This Civil Miscellaneous Appeal arises out of order dated 10.09.2013 in I.A.No.1143 of 2011 in O.S.No.256 of 2011 on the file of the Senior Civil Judge, Sanga Reddy, Medak District. I have heard Mr. P. Veera Reddy, learned Senior Counsel appearing for Mr. Ch. Vidyasagar, learned counsel for the appellant and Mr. E. Phani Kumar, learned counsel for respondent No.1 and perused the record.

Respondent No.1 filed O.S.No.256 of 2011 in the Court of the Senior Civil Judge, Sanga Reddy, for partition of the suit schedule properties. She has also filed I.A.No.1143 of 2011 in the said suit for temporary injunction restraining the respondents from alienating, mortgaging or creating charge over schedule "A" and "B" properties in favour of third parties. After a keen contest, the lower Court has allowed the I.A by granting injunction as sought by respondent No.1 by order dated 10.09.2013. Feeling aggrieved by the said order, the appellant filed this appeal.

Upon going through the reasons assigned by the lower Court for allowing the application filed by respondent No.1, I do not find any ground to interfere with the said order. More over, creation of third party interests pending the suit would lead to unavoidable complications. However, considering the request of the learned Senior Counsel for the appellant for early disposal of the suit and having regard to the latter's advanced age, the lower Court is directed to make an endeavour to dispose of the suit within one year from the date of receipt of a copy of this order. Subject to the direction given as above, the Civil Miscellaneous Appeal is dismissed.

As a sequel to disposal of the Civil Miscellaneous Appeal, C.M.A.M.P.Nos.2140 of 2013 and 1236 of 2014 stand disposed of as infructuous.

____________________________ C.V.NAGARJUNA REDDY, J

Date: 29.01.2015 va