Gundati Anjali Devi v. Attla Narsimha Reddy

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL CI VI L MI SCELLANEOUS APPEAL No.470 of 2017 Between:

Gundati Anjali Devi and another ..Appellants and Attla Narsimha Reddy and another ..Respondents Counsel for the appellants: Mr.K.Rajanna Counsel for the respondents: -- The Court made the following:

CVNR,J & MSKJ,J C.M.A.No.470 of 2017 JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) At the interlocutory stage, the appeal itself is taken up for hearing and disposal.

2.

This civil miscellaneous appeal arises out of order, dated 07.03.2017, in I.A.No.658 of 2015, in O.S.No.170 of 2015, on the file of the I Additional District Judge, Karimnagar, whereby the Court below has dismissed the aforesaid I.A. filed by the appellants/plaintiffs for restraining the respondents/defendants from alienating the suit schedule properties, pending the suit filed for partition.

3.

The notices sent to the respondents have been returned unserved with the endorsement "unclaimed". Therefore, the notices are deemed to have been served.

4.

A perusal of the order under appeal shows that the Court below has rendered a finding that admittedly the suit schedule properties are the joint family properties. However, the interim relief claimed by the appellants was rejected on the ground that the respondents have denied the allegation that they intend to sell the properties. 5.

In our opinion, when the respondents are not proposing to sell the suit schedule properties during the pendency of the suit, no harm would be caused to their interests, if they are restrained from alienating the properties. In this view of the matter, the Court below has committed an error and has failed to exercise the discretion vested in it by declining to grant injunction.

CVNR,J & MSKJ,J C.M.A.No.470 of 2017 6.

Therefore, the order under appeal is set aside and the respondents are restrained from alienating the suit schedule properties, pending the suit. The Civil Miscellaneous Appeal is, accordingly, allowed. 7.

As a sequel to allowing the appeal, C.M.A.M.P.No.798 of 2017 filed by the appellants for interim relief shall stand disposed of as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J _____________________ M.S.K.JAI SWAL, J 06th July, 2017 GHN