R. Ganesh v. R. Anjaiah

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A .No.1041 of 2013

JUDGMENT

When the matter is taken up for hearing the miscellaneous petition, with the consent of both the counsel on record, the main appeal itself is taken up for disposal.

2.

This appeal is directed against the common order dated 03.09.2013 passed in I.A.Nos.702 and 703 of 2007 in O.S.No.379 of 2007 on the file of V Additional District Judge (Fast Track Court), Ranga Reddy District at L.B.Nagar. 3.

The appellant and respondents herein are plaintiff and defendants respectively, in O.S.No.379 of 2007 filed for partition of suit schedule property. Along with the suit, the plaintiff filed I.A.Nos.702 and 703 of 2007 for temporary injunction. By the order impugned, the Court below having considered the entire evidence on record dismissed the said petitions. Challenging the same, the present appeal is filed.

4.

During hearing, learned counsel for both parties submitted that there may be a direction to the Court below to dispose of the suit as expeditiously as possible, without prejudice to the claims and contentions of respective parties before the Court below. 5.

In view of the submission of both the counsel on record and since the suit is of the year 2007, the Civil Miscellaneous Appeal is disposed of, directing the Court below to dispose of the suit in O.S.No.379 of 2007 on the file of V Additional District Judge (Fast

MSKJ, J CMA No.1041 of 2013 Track Court), Ranga Reddy District, at L.B.Nagar, in accordance with law, within a period of six months from the date of receipt of a copy of this order, uninfluenced by the observations made in the order impugned. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this appeal shall stand closed. ________________ M.S.K.JAISWAL, J 15th February, 2017 sj