M/S. Neelanchal Technocrats Private Limited v. M/S. Pride India Avenues (P) Ltd.
HON'BLE SRI JUSTICE R. SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA C.M.A.No.428 of 2015 JUDGMENT : (Per Justice R. Subhash Reddy) This appeal is filed against the ad interim order dated 12.05.2015, passed by the Vacation Civil Judge, City Civil Court, Hyderabad, in I.A.No.110 of 2015 in O.S.No.19 of 2015.
2. Petitioner is defendant No.2 in the suit and respondent No.2 in I.A.No.110 of 2015. The aforesaid I.A. is filed by the 1st respondent/ plaintiff under Order 39 Rules 1 and 2 r/w. Section 151 CPC to grant ad interim injunction restraining the appellant and 2nd respondent herein from alienating or otherwise encumbering the petition schedule property by way of sale, mortgage, gift, exchange etc., in favour of third parties. The vacation civil Judge, by impugned order dated 12.05.2015, directed the parties to maintain status quo till 27.05.2015. The said order is extended from time to time. As against the same, this appeal is filed.
3. During the course of hearing, it is submitted by the learned counsel for appellant that the appellant herein has already made appearance in the aforesaid suit and that the suit is listed today. It is further submitted that the
impugned order is passed though there is no material on record and though no prima facie case is made out by the petitioner in the I.A. It is also brought to our notice by the learned Senior Counsel Sri Vedula Venkata Ramana that the 1st respondent in the I.A. has already appeared and taken time for filing counter and the matter is listed today.
4. As much as the order is ad interim order which was restricted earlier to 27.05.2015 and is extended from time to time, we deem it appropriate to dispose of this appeal with a direction to the learned Vacation Civil Judge, City Civil Court, Hyderabad, to pass appropriate final orders in I.A.No.110 of 2015, as expeditiously as possible, preferably within three weeks from the date of receipt of this order. Counter, if any, to be filed by the appellant herein within one week from today, by serving a copy on other side.
5. Subject to the above directions, the appeal is disposed of. No costs.
Pending miscellaneous applications, if any, shall stand closed.
______________________ R. SUBHASH REDDY, J __________________________ A.SHANKAR NARAYANA, J
22nd June 2015 N.B:
Issue C.C. in two days.
(b/o) ajr