Disposed

Panguluri Venkata Ravi v. Shaik Mastan Vali

Telangana HC4 Aug 2014CMA/714/2014

Case brief

AI extract

What is this about?

The Court disposed of a Civil Miscellaneous Appeal challenging an injunction order. Noting that the trial court only directed a status-quo and did not impose a restriction on alienation, the higher court remanded the matter for disposal within four weeks. No adverse order was passed.

What did the court decide?

Directing the trial Court to dispose of I.A.No.526 of 2014 within four weeks after filing of the counter.

Panguluri Venkata Ravi Vs Shaik Mastan Vali — Execution and Attachment | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE K.C. BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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CIVIL MISCELLANEOUS APPEAL No.714 OF 2014

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JUDGMENT: (per Hon’ble Sri Justice K.C.Bhanu)

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This Civil Miscellaneous Appeal is filed challenging the docket order, dated 14.07.2014 in I.A.No.526 of 2014 in O.S.No.26 of 2014 passed by the XVI Additional District Judge, Krishna District at Nandigama, whereunder and whereby, while issuing urgent notice to the respondents, the parties were directed to maintain status-quo.

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2. Learned counsel appearing for the appellant contended that the trial Court is required to record the reasons while granting an order of injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 (for short, ‘CPC’); that without recording any reasons, grating of status-quo order is perverse and therefore, he prays to set aside the impugned order.

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3. As a matter of fact, the trial Court has not given any injunction restraining the respondents therein from alienating the plaint schedule property in any manner. The trial Court only directed to maintain status-quo and later extended it till counter is filed. The appellant entered appearance before the trial Court. In view of the fact that the Advocate for the respondents therein filed Vakalat on behalf of all the respondents, if the counter is filed by the respondents therein, the matter can be disposed of by the trial Court.

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4. Accordingly, the Civil Miscellaneous Appeal is disposed of, directing the trial Court to dispose of I.A.No.526 of 2014 in O.S.No.26 of 2014 within a period of four (04) weeks after filing of the counter by the respondents therein. Since no adverse order is passed in this Civil Miscellaneous Appeal, notice to the respondents in this appeal is not necessary. No order as to costs. Miscellaneous Petitions, if any, pending in this appeal shall stand closed.

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_______________________ JUSTICE K.C. BHANU

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___________ JUSTICE ANIS

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Date:04.08.2014 INL

Panguluri Venkata Ravi v. Shaik Mastan Vali

Case brief

What is this about?

What did the court decide?

Panguluri Venkata Ravi v. Shaik Mastan Vali

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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