Mst Srikar Bangaru, Hyderabad And ANR v. Mst Ayush Bangaru, Hyderabad And ANR

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR AND HON'BLE SRI JUSTICE T.AMARNATH GOUD CIVIL MISCELLANEOUS APPEAL No. 698 of 2017 JUDGMENT:

The present appeal is filed under Order XLIII Rule 1 (r) of the Civil Procedure Code seeking to set aside the order and decree dated 04.04.2016 passed in I.A.No. 296 of 2015 in O.S.No. 140 of 2015 on the file of the X Additional Chief Judge, City Civil Court, Hyderabad, wherein the trial court granted injunction in favour of the 1st respondent herein.

2.

Today, when the matter is taken up, the learned counsel for the appellants submits that since the construction in the suit schedule premises is stayed since the last two years, a direction may be issued to the trial court to dispose of O.S.No. 140 of 2015 at the earliest.

3.

Having regard to the representation made by the learned counsel for the appellants that any delay in disposing of the O.S. will cause irreparable loss to the parties, without going into the merits of the case, we feel that ends of justice would be met if a direction is given to the trial court to dispose of the suit as early as possible.

4.

Accordingly, this C.M.A is disposed of, directing the Court of the X Additional Chief Judge, City Civil Court at Hyderabad to dispose of the main suit, i.e., O.S.No. 140 of 2015 as early as possible, preferably within a period of six to eight months from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shall stand closed.

_________________________ JUSTICE C.PRAVEEN KUMAR __________________________ JUSTICE T.AMARNATH GOUD 16.04.2018 DMG