Disposed

Gampala Kanya Kumari v. Matcha Janaki

Andhra Pradesh HC3 Feb 2022CMA/20/2019

Case brief

AI extract

What is this about?

A civil miscellaneous appeal was disposed of without adjudication on merits. The bench directed the trial court to dispose of the underlying title and possession suit expeditiously, as agreed by the parties due to the immaturity of the construction on the disputed property.

What did the court decide?

Direction to the trial court to dispose of OS No.121 of 2018 as expeditiously as possible; no order as to costs.

Gampala Kanya Kumari Vs Matcha Janaki — Property and Title | Andhra Pradesh HC (2022)

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Civil Miscellaneous Appeal No.20 of 2019

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Judgment:

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Heard learned counsel for the appellant and learned counsel for the first respondent and with their consent the CMA is being disposed of.

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This CMA is preferred against the order dated 24.12.2018 passed in IA No.527 of 2018 in OS No.121 of 2018 by the learned VI Additional District Judge, Kakinada.

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The first respondent herein filed OS No.121 of 2018 against the appellant herein and others for declaration of title, recovery of possession, mandatory injunction and for permanent injunction in respect of the suit schedule property. Along with the said suit she filed IA No.527 of 2018, under Order 39 Rules 1 and 2 CPC, for grant of temporary injunction restraining the appellant herein from making further constructions in the suit schedule property or deal with the same in any manner whatsoever pending disposal of the suit.

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Before the trial Court, Exs.P1 to P15 were marked on behalf of the first respondent herein and Exs.R1 to R3 were marked on behalf of the appellant herein, but no witnesses were examined on either side.

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The trial Court, after considering the material on record, disposed of the said IA directing the first respondent and appellant herein to maintain status quo in respect of the construction in the disputed property/plaint schedule property as recorded on 03.10.2018 till the disposal of the suit.

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Aggrieved by the said order, the appellant herein filed the present CMA.

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Today, when the matter is taken up for hearing, both the learned counsel for the appellant and learned counsel for the first respondent agreed for disposal of CMA with a direction to the trial Court to dispose of the suit as expeditiously as possible.

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In view of the same, without going into the merits of the case, the CMA is disposed of directing the learned VI Additional District Judge, Kakinada, to dispose of OS No.121 of 2018 in accordance with law, as expeditiously as possible. There shall be no order as to costs.

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As a sequel thereto, the miscellaneous applications, if any, pending in this CMA shall stand closed.

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_____________________________ KONGARA VIJAYA LAKSHMI, J

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Date:03.02.2022 Nsr

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Civil Miscellaneous Appeal No.20 of 2019

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Date:03.02.2022

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Nsr

Gampala Kanya Kumari v. Matcha Janaki

Case brief

What is this about?

What did the court decide?

Gampala Kanya Kumari v. Matcha Janaki

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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