Kodam Sudhakar v. Gardas Ravinder

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Miscellan eou s Appeal No.7 7 3 of 2 0 1 9 JUDGMENT:

This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of CPC, is filed by the appellant/ plaintiff, aggrieved by the order, dated 25.03.2019, passed in I.A.No.15 of 2019 in A.S.No.5 of 2019, by the III Additional District Judge, Gadwal, whereby, the petition filed by the appellant/ plaintiff requesting the Court below to grant temporary injunction restraining the respondent/ defendant from interfering with his possession and enjoyment over the suit schedule property, was dismissed.

2 .

Heard the learned counsel for both the sides and perused the record.

3 .

In the course of submissions, it is brought to the notice of this Court that arguments were advanced on behalf of the appellant/ plaintiff in the main appeal in A.S.No.5 of 2019 before the Court below and the appeal is coming up for the arguments of the respondent/ defendant. Under these circumstances, it is not appropriate for this Court to express any opinion on the merits and demerits of the case at this stage.

4 .

Under these circumstances, the learned III Additional District Judge, Gadwal, is directed to dispose of A.S.No.5 of

2019, pending on its file, within a period of thirty (30) days from the date of receipt of a copy of this judgment. 5 .

With the above direction, this Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this appeal, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 20th December, 2019 Bvv