Telangana High Court
CMA/1098/2014 of Gutha Gopalakrishnama Naidu Vs S.Mohan Naidu on 31 December 2014
A.RAJASHEKER REDDY C.M.A. No. 1098 OF 2014 JUDGMENT: This Civil Miscellaneous Appeal is filed against order dated 17.11.2014 in I.A.No.533 of 2014 in O.S.No.90 of 2014 in the Court of II Addl. District Judge’s Court, Madanapalle, wherein the Court below has granted exparte interim
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Arguments
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDYC.M.A. No. 1098 OF 2014
JUDGMENT:
This Civil Miscellaneous Appeal is filed against order dated17.11.2014 in I.A.No.533 of 2014 in O.S.No.90 of 2014 in the Court ofII Addl. District Judge’s Court, Madanapalle, wherein the Court belowhas granted exparte interim injunction in favour of the respondent.Heard learned counsel for the appellants as well as learnedcounsel for the respondent.
Learned counsel for the appellants states that by virtue ofexparte injunction order granted in favor of the respondent, therespondent is not allowing the appellants to use the cart track.
Since the Court below has passed an exparte order givingsome reasons, I am not inclined to entertain this Appeal. Theappellants herein can file counter affidavit in I.A.No.533 of 2014 inO.S.No.90 of 2014 and seek for disposal of the same on merits.
In view of the above facts and circumstances, the respondentshall not prevent the appellants from using cart track and that theCourt below is directed to dispose of the I.A.No.533 of 2014 inO.S.No.90 of 2014 within a period of two weeks from the date of filingthe counter affidavit by the appellants herein, without being influencedby any of the observations made herein.
Accordingly, this Civil Miscellaneous Appeal is disposed of. There shall be no order as to costs. As a sequel thereto,miscellaneous petitions, if any, pending in this CMA, shall standsdismissed.
_______________________
A.RAJASHEKER REDDY, J
December, 31, 2014.KVS
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
KVS
C.M.A. No.1098 OF 2014
Date: 31-12-2014