K. Urmila Reddy v. Smt. Keerthi

HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO AND HONOURABLE SRI JUSTICE T. VINOD KUMAR CIVIL MISCELLANEOUS APPEAL No.440 OF 2019 JUDGMENT: (Per MSR,J) This Civil Miscellaneous Appeal is filed challenging the order dated 29.01.2019 in I.A. No.801 of 2018 in O.S. No.360 of 2018 passed by the learned IX Additional Chief Judge, City Civil Court, Hyderabad, refusing to grant temporary injunction pending the suit to the 1st respondent.

2. Admittedly, I.A. No.801 of 2018 was filed by the 1st respondent herein against the appellant herein and other respondents for a temporary injunction restraining them from alienating the suit schedule properties, and it was dismissed on 29.01.2019. In our considered opinion, the appellant herein cannot be said to be aggrieved by the said order because it was not the appellant, who had filed the said I.A. No.801 of 2018 in the Court below.

3. Therefore, granting liberty to the appellant, if so advised to file a temporary injunction application in the Court below, if she so desires, the Civil Miscellaneous Appeal is dismissed as not maintainable. No order as to costs.

As a sequel thereto, Miscellaneous Applications, if any, pending in the civil miscellaneous appeal stand closed. ____________________________ M.S. RAMACHANDRA RAO, J _________________________________ T. VINOD KUMAR, J September 16, 2019.

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