Telangana High Court

CMA/1089/2010 of Vempalli Venkatramana Reddy Vs Smt. Vempalli , Yanamala Lakshmi Devi on 30 December 2010

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SRI JUSTICE R.KANTHA RAO C.M.A.No.1089 of 2010 Date:30.12.2010 Between: Vempalli Venkatramana Reddy and another … Appellants And Smt.Vempalli @ Yanamala Lakshmi Devi and five others …Respondents THE HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1089 of 2010 ORDER: This

Date:30.12.2010

Between:Vempalli Venkatramana Reddy and another …

Appellants

And

Smt.Vempalli @ Yanamala Lakshmi Devi and five others …Respondents

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ORDER:

This civil revision petition is filed against the order and decree,dated 18.12.2010 passed by the Senior Civil Judge, Madanapalle,Chittoor District in I.A.No.999 of 2010 in O.S.No.232 of 2010 grantinginterim injunction ex parte.

The suit is filed for partition.

I have heard the learned counsel appearing for the appellantsand the respondents.

It is submitted by the learned counsel appearing for theappellants that the father of the plaintiffs already alienated theschedule mentioned property under the registered documents andtherefore, the question of respondents claiming any share in theproperty does not arise.

This Court, however, is of the view that the merits of thecontentions urged by both the parties can be examined only afterreceiving the counter filed by the appellants and considering thedocuments filed on either side and this exercise can be done beforethe trial Court. This Court can only examine the question whether thegrant of temporary injunction ex parte by the learned trial Court is proper or not.

Perusal of the impugned order passed by the trial Court obviouslyreveals that no reasons were given for issuing temporary injunctionwithout notice to the appellants. The order also does not show anyapplication of mind by the learned trial Court while passing the order.The order granting ex parte interim injunction without assigning anyreasons, is not valid in the eye of law.

Therefore, the order passed by the trial Court is set aside. Thelearned trial Court is directed to dispose of I.A.No.999 of 2010 inO.S.No.232 of 2010 on merits within a period of three weeks from thedate of receipt of a copy of this order.

With the above direction and without going into merits of the case,the C.M.A. is disposed of. The learned court below has to render itsdecision without being influenced by any of the observations made bythis Court while disposing of the C.M.A. There shall be no order as tocosts.

Date:30.12.2010ccm

_______________

R.KANTHA RAO, J

Date:30.12.2010

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