A Srilatha v. K. Chandra Prakash Rao

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CIVIL MISCELLANEOUS APPEAL No.148 of 2018 Between:

A.Srilatha ..Appellant and K.Chandra Prakash Rao and others ..Respondent Counsel for the appellant: Mr.A.Sudershan Reddy, senior counsel, for Mr.Ajgal Ravi Babu Counsel for the respondents: Mr.B.Venkat Rama Rao The Court made the following:

JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This civil miscellaneous appeal is filed against order, dated 06.11.2017, in I.A.No.551 of 2017 in O.S.No.758 of 2017 on the file of learned III Additional District Judge, Ranga Reddy District at L.B.Nagar.

2.

Mr.A.Sudershan Reddy, learned senior counsel representing Mr.Ajgal Ravi Babul, learned counsel for the appellant, has submitted that the Court below, by the order under appeal, has declined to grant injunction in favour of the appellant taking into consideration the fact that though the earlier similar suit viz., O.S.No.1928 of 2007 filed by the appellant for injunction simplicitor was decreed, the same was reversed in A.S.No.386 of 2011 and that therefore, the appellant is not entitled to injunction. The learned senior counsel has further submitted that after dismissal of I.A.No.551 of 2017 in O.S.No.758 of 2017, the appellant could secure an order of status quo in I.A.No.2 of 2018 in S.A.No.878 of 2017 filed by the appellant against the judgment in A.S.No.386 of 2011. Upon realising that the interim order of status quo granted in S.A.No.878 of 2017

after dismissal of I.A.No.551 of 2017, will serve the purpose of the appellant, the learned senior counsel has requested for permission of this Court to withdraw the civil miscellaneous appeal.

3.

Mr.B.Venkat Rama Rao, learned counsel for the respondents, has fairly not opposed the above request. 4.

In the light of the above, the Civil Miscellaneous Appeal is dismissed as withdrawn.

5.

As a sequel to dismissal of the C.M.A., I.A.No.1 of 2018 filed by the appellant for interim relief stands dismissed as infructuous.

_________________________ C.V.NAGARJUNA REDDY, J _____________________ T.AMARNATH GOUD, J 31st October, 2018 GHN