Sri. K.Udaya Sekar v. Smt. B.Kasturi

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Ms. Justice J.Uma Devi Civil Miscellaneous Appeal No.467 of 2017 Date: 16.06.2017 Between:

K.Udaya Sekhar ... Appellant and Smt.B.Kasturi and 4 others

...Respondents

Counsel for the Appellant:

Mr.K.Ramakrishna The Court made the following:

CVNR, J & JUD, J CMA.No.467 of 2017 Dt: 16.06.2017 Judgment: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Miscellaneous Appeal (CMA) arises out of an ex parte ad interim order, dated 05-05-2017, directing maintenance of status quo with respect to reconstitution of a firm.

After hearing the learned Counsel for the appellant and perusing the record, we are of the opinion that the appellant ought to have first approached the lower Court seeking vacation of the aforesaid ad interim order.

A perusal of the ad interim order shows that the same was granted till 09-06-2017 and that on that day, the appellant has filed a counter-affidavit. Though the learned Counsel for the appellant submitted that the said ad interim order was extended beyond 09-06-2017, a copy of the said order has not been filed. As the appellant has already filed a counter-affidavit and the order questioned in this Appeal is ad interim in nature, we do not find any reason to entertain the CMA at this stage. The appellant is permitted to seek vacation of the ad interim order by filing appropriate application. If such an application is filed by the appellant,

CVNR, J & JUD, J CMA.No.467 of 2017 Dt: 16.06.2017 the Court below is directed to dispose of the same within one month from the date of its filing.

Subject to the above direction, the CMA is disposed of.

As a sequel to disposal of the CMA, CMAMP.No.795 of 2017, filed by the appellant for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _____________ (J.Uma Devi, J) Dt: 16th June, 2017 lur