M/S. Asian Builders And Developers v. Boppana Seshagiri Rao

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL MISCELLANEOUS APPEAL No.919 of 2015 JUDGMENT : (per Hon'ble Sri Justice R.Subhash Reddy) This Civil Miscellaneous Appeal is filed by the appellant/defendant No.15 aggrieved by the order and decree dated 07.10.2015 in I.A.No.1114 of 2015 in O.S.No.747 of 2015 passed by the X Additional Chief Judge, City Civil Court, Hyderabad.

2. By the aforesaid order dated 07.10.2015, while directing to issue urgent notice to the respondents in I.A.No.1114 of 2015, the Court below has granted exparte adinterim injunction order till 27.10.2015.

3. It is the case of the appellant/defendant No.15 that the suit schedule property belongs to the Partnership Firm and all the partners are owners of the said property. Inspite of the same, the Court below has granted exparte injunction orders.

4. During the course of hearing, it is fairly submitted by the learned counsel for appellant/defendant No.15 that raising such objection, counter affidavit is filed in I.A.No.1114 of 2015 and the same is posted for hearing on 04.01.2016.

5. Inasmuch as the impugned order is an ad-interim injunction order and as it is represented that the appellant/defendant No.15 has already filed counter affidavit in

I.A.No.1114 of 2015 and the matter is posted for hearing on 04.01.2016, we deem it appropriate to dispose of the Civil Miscellaneous Appeal directing the Court below to hear both the parties in I.A.No.1114 of 2015 on 04.01.2016 or any other convenient date before closure of Sankranthi Vacation, 2016 and pass appropriate orders within a period of one month from today.

6.

Subject to the above direction, this Civil Miscellaneous Appeal is disposed of. As a sequel, miscellaneous petitions pending, if any, in this appeal shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY ________________________________ JUSTICE A. SHANKAR NARAYANA 23.12.2015.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY

AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL MISCELLANEOUS APPEAL No.919 of 2015 23.12.2015

Msr