Korrapati Vijaya Kumar v. N.Samanthakamani

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE MS. JUSTI CE J.UMA DEVI CI VI L MI SCELLANEOUS APPEAL No.580 of 2017 Between:

Korrapati Vijaya Kumar ..Appellant and N.Samanthakamani and others ..Respondents Counsel for the appellant: Mr.C.Hanumantha Rayudu Counsel for the respondents: -- The Court made the following:

CVNR,J & JUD,J C.M.A.No.580 of 2017 JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) At the interlocutory stage, the civil miscellaneous appeal itself is taken up for hearing and disposal with the consent of the learned counsel for the appellant.

2.

This civil miscellaneous appeal arises out of order, dated 13.04.2017, in I.A.No.93 of 2017 in O.S.No.28 of 2017 on the file of VI Additional District Judge, Kurnool, whereby ad interim injunction restraining the appellant from alienating the suit schedule property till 09.06.2017 was granted and the I.A. was posted to the said date. 3.

In the grounds of the appeal, it is stated that on 09.06.2017 ad interim injunction was further extended and that the same is in force as on the date of filing of the appeal. However, the order extending the injunction has not been filed.

4.

Be that as it may, the order challenged in the appeal being ad interim in nature, we are not inclined to entertain the appeal for adjudication on merits. However, the lower Court is directed to dispose of I.A.No.93 of 2017 in O.S.No.28 of 2017 as expeditiously as possible and not later than two months from the date of receipt of a copy of this order. 5.

Subject to the above direction, the Civil Miscellaneous Appeal is dismissed.

6.

As a sequel to dismissal of the appeal, C.M.A.M.P.No.956 of 2017 filed by the appellant for interim relief shall stand dismissed as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J __________________ J.UMA DEVI , J 30th June, 2017 GHN

CVNR,J & JUD,J C.M.A.No.580 of 2017