Dispositional order disposing of a civil miscellaneous appeal without expressing opinion on merits, directing the lower appellate court to decide the original suit expeditely and maintaining status quo.
C.M.A. disposed; lower court to dispose of original suit within two months; status quo maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE B.N. RAO NALLA CIVIL MISCELLANEOUS APPEAL No.1051 OF 2010
JUDGMENT:
The appellant filed this Civil Miscellaneous Appeal assailing the Order dated 18.11.2010 in I.A. No.728 of 2010 in A.S. No.107 of 2010 on the file of the Court of V Additional District Judge (II FTC) Warangal, whereby and whereunder the application filed by the respondent under Order 39 Rule 1 & 2 read with Sections 94 and 151 of Code of Civil Procedure for ad-interim injunction was allowed.
2. Appellant herein is the respondent in the appeal suit and defendant in the original suit. Respondent herein is the appellant in the appeal suit and plaintiff in the original suit. The respondent filed the suit for permanent injunction restraining the appellant from interfering with his peaceful possession and enjoyment of the suit schedule property and the same was dismissed. Aggrieved thereby, the respondent filed A.S.No.107 of 2010 along with I.A.No.728 of 2010 and the I.A. was allowed granting interim injunction.
3. On 22.12.2010, this Court granted status quo existing as on that day until further orders in C.M.A.M.P. No.2520 of 2010.
To vacate the same, the respondent filed vacate stay petition in C.M.A.M.P. No.1856 of 2012. Today, when the matter has come up for hearing, at the request of both sides, the civil miscellaneous appeal itself is taken up for disposal.
4. The counsel on either side fairly conceded and submitted that they are interested in disposal of A.S.No.107 of 2010 on the file of the Court of V Additional District Judge (II FTC), Warangal.
5. Having regard to the submissions made on either side, this Court without expressing any opinion as to the merits of the matter is inclined to dispose of the C.M.A. with certain directions.
6. Accordingly, the C.M.A. is disposed of directing the lower appellate Court to dispose of A.S.No.107 of 2010 as expeditiously as possible within two months from the date of receipt of a copy of this order. Further, both the parties are directed to maintain status quo existing as on today till disposal of A.S.No.107 of 2010. There shall be no order as to costs.
__________________ B.N. RAO NALLA, J
Date: 24.12.2012 Stp
Appellant
Respondent
B.N. RAO NALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
