Suramsetti Rama Rao, v. Suramsetti Venkateswar Rao,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE MS. JUSTICE J. UMA DEVI CMA NO. 305 OF 2016 Date of Order: 15.6.2017 Between:

Suramsetti Rama Rao and others ...Appellants And Suramsetti Venkateswar Rao and others ..Respondent/s Counsel for appellants : Mr. Mohd. Gayasuddin for Mr. Kowturu Vinaya Kumar Counsel for respondent/s : Mr. S. Chalapathi Rao The Court made the following:-

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE MS. JUSTICE J. UMA DEVI CMA NO. 305 of 2016 ORDER: (Per Hon'ble Sri Justice C.V. Nagarjuna Reddy) The order dated 18.2.2016 passed by the lower Court in I.A.No. 553 of 2015 in O.S.No. 81 of 2015 granting interim injunction in favour of the respondents/plaintiffs restraining the defendants/appellants from alienating part of suit schedule property, which remained unsold, is the subject matter of the present appeal.

After hearing both the learned counsel and on perusal of the record, we are of the opinion that interest of justice would lie in preserving the property as it is, pending the suit, as observed by the court below, lest third party interest would come in creating unavoidable litigation. We do not therefore find any merit in this appeal and the same is accordingly dismissed.

As a sequel to dismissal of CMA, CMAMP No. 584 of 2016 shall stand disposed of as infructuous.

_______________________________ JUSTICE C.V.NAGARJUNA REDDY Dt. 15.6.2017 KR ____________________ JUSTICE J. UMA DEVI