Devarapalli Rajaratnam v. Kandhiparti Eswara Rao

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CIVIL MISCELLANEOUS APPEAL No.779 OF 2016 ORDER:

This Civil Miscellaneous Appeal, under Order 43 Rule 1 CPC, is filed challenging the order dated 20.09.2016 passed in I.A.No.189 of 2015 in O.S.No.94 of 2015 on the file of the Court of the Senior Civil Judge, Chodavaram, Visakhapatnam district.

At the time of hearing, the learned counsel for both parties in one voice submitted that the respondents herein have completed the construction in the suit schedule property. The learned counsel for the petitioner appellant submitted that the respondents may be directed not to alienate the property till disposal of the suit. Sri V.Ch.Naidu, the learned counsel for the respondents submitted that the respondents will not alienate the property till disposal of the suit. In view of the submissions made by the learned counsel for both the parties, this Court is not inclined to go into the merits of the main case. Having regard to the facts and circumstances of the case, this CMA is disposed of with a direction to the respondents not to alienate the suit schedule property till disposal of the suit. No costs. As a sequel, the miscellaneous petitions, pending in this Civil Miscellaneous Appeal, if any, shall stand closed.

_____________________ T. SUNIL CHOWDARY, J.

Date: 11.04.2017.

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