Nalgonda Diocese Society, Nalgonda Dist And Another v. Vallambatla Rama Devi, Bhongir Dist

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD C.M.A. Nos.327 and 391 of 2017 COMMON JUDGMENT : (ORAL) (per Hon'ble Sri Justice Suresh Kumar Kait) Vide C.M.A. No.327 of 2017 the appellants have assailed the order, dated 19.1.2017 passed in I.A. No.1029 of 2014 in O.S.No.95 of 2014 on the file of the I Additional District & Sessions Judge, Nalgonda. 2.

Vide C.M.A. No.391 of 2017 the appellants have assailed the order, dated 19.1.2017 passed in I.A. No.1647 of 2016 in O.S.No.95 of 2014 on the file of the I Additional District & Sessions Judge, Nalgonda. 3.

The trial Court passed the common order, dated 19.1.2017 in I.A. No.1029 of 2014 and I.A. No.1647 of 2016 in O.S.No.95 of 2014. Parties are same in both the appeals.

4.

The trial court, after considering the rival contentions of the parties, allowed the I.A. No.1029 of 2014 filed by the plaintiff - respondent herein, however, dismissed the I.A. No.1647 of 2016 filed by the defendants - appellants herein, seeking temporary injunction restraining the opposite party from interfering with the peaceful possession and enjoyment of the suit schedule property till the disposal of the suit.

5.

Heard the learned counsel for parties and perused the material available on record.

6.

As agreed by the counsel for parties, on instructions, the respondent in both the appeals is in possession of the land admeasuring Ac.3.04 guntas and the appellants in both appeals are in possession of the land admeasuring Ac.4.07 guntas in Sy.No.134 of Nalgonda revenue village.

7.

We find no illegality or perversity in the impugned orders. However, parties are directed not to interfere with the possession of each other till the disposal of O.S.No.95 of 2014 on the file of the I Additional District & Sessions Judge, Nalgonda. Keeping in view the facts and circumstances of the case, we hereby direct the trial Court to dispose of the main suit within a period of six months from the date of receipt of a copy of the order.

8.

Accordingly, both C.M.As. are disposed of. There shall be no order as to costs.

9.

Miscellaneous petitions, if any, pending shall stand closed. ________________________________ JUSTICE SURESH KUMAR KAIT _____________________________________ JUSTICE GUDISEVA SHYAM PRASAD 28th April, 2017 skmr