Veginati Osura Reddy v. The Gurazala Field Association Of Telugu Baptist Churches

HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL No.511 OF 2016 Dated 20-7-2016 Between:

Veginati Osura Reddy.

..Appellant.

And:

The Gurazala Field Association of Telugu Baptist Churches regd.No.374/2010, Gurazala represented by its President Mettu Ranga Reddy and others.

..Respondents.

HONOURABLE SRI JUSTICE S.RAVI KUMAR CIVIL MISCELLANEOUS APPEAL No.511 OF 2016 JUDGMENT:

This appeal is preferred against order dated 17-62016 in I.A.No.104 of 2016 in O.S.No.5 of 2016. Appellant herein is D.6 in the above referred I.A., and court below granted injunction on the request made by petitioner that Joint Sub-Registrar, Gurazala expressed his inability not to register document in respect of suit schedule property and as respondents are making hectic effort to alienate suit schedule property pending disposal of the suit, he passed order restraining alienations pending disposal of the suit till 22-6-2016.

It is represented that the said order was extended from time to time and it is in force as on this day. Learned advocate for respondents 1 to 3 who are the plaintiffs fairly submitted that the court below has not assigned any reasons for granting such a relief, therefore, instead of going into merits of the case, the said order so far as appellant is concerned, may be set aside and remit back the case to the court below for disposal in accordance with law.

Advocate for appellant submitted that appeal was

not pressed against R.4 to R.16 who are other defendants.

Considering the submissions of both sides, impugned order dated 17-6-2016 is set aside in respect of appellant and the matter is remitted back to the court below to examine contentions and rival contentions of both parties and decide the same on merits as expeditiously as possible preferably within four weeks from the date of receipt of a copy of this order. Appeal is disposed of accordingly at the admissions stage. No costs.

As a sequel to the disposal of this appeal, Miscellaneous Petitions, if any, pending, shall stand dismissed.

____________________ JUSTICE S.RAVI KUMAR Dated 20-7-2016.

Dvs.

HONOURABLE SRI JUSTICE S.RAVI KUMAR

CIVIL MISCELLANEOUS APPEAL No.511 OF 2016 Dated 20-7-2016.

Dvs