Dr. Duvvuri Nageshwar Reddy vs Unemunthala Saraswati

This appeal, under Order XLIII Rule 1 of Code of Civil Procedure, 1908 (for short “C.P.C”), is filed by the appellant/ defendant No.4, aggrieved by the order, dated 18.12.2021, passed in I.A.No.1395 of 2021 in O.S.No.303 of 2021 by the learned VI Additional District Judge, at Kukatpally, Ranga Reddy District, in granting ex parte ad interim injunction order in favour of the respondent Nos.1 to 3 herein/plaintiffs in respect of the petition schedule property and extending the same until further orders vide docket order dated 23.06.2022.

Heard the submissions of Sri B.Chandrasen Reddy, learned Senior Counsel appearing for the appellant/defendant No.4, Sri M.V.Durga Prasad, learned Senior Counsel for the respondent Nos.1 to 3/plaintiffs and perused the record. Notices sent to respondent Nos.4 to 6 were not yet returned.

In the course of submissions, it is brought to the notice of this Court that the name of the appellant/defendant No.4 was wrongly mentioned in the subject I.A.No.1395 of 2021, the suit in O.S.No.303 of 2021 and the impugned orders dated 18.12.2021 and 23.06.2022, and it needs to be corrected by the respondent Nos.1 to 3/plaintiffs. The learned counsel for the respondent Nos.1 to 3/plaintiffs would submit that he will take necessary measures to correct the name of the appellant/defendant No.4 in the subject suit and the Interlocutory Applications pending before Court below.

It is contended by the learned Senior Counsel appearing for the appellant/defendant No.4 that without proper mentioning of the name of the appellant/defendant No.4 and by misrepresenting the facts, the respondent Nos.1 to 3 herein/ plaintiffs obtained ex parte ad interim injunction order in their favour.

It is evident from the material placed on record that the respondent Nos.1 to 3 herein/plaintiffs filed the subject I.A.No.1395 of 2021 in O.S.No.303 of 2021 before the Court below, seeking ad interim injunction against the appellant/ defendant No.4 and respondent Nos.4 to 6/defendant Nos.1 to 3 on 15.12.2021. The Court below vide impugned order dated 18.12.2021 granted ex parte ad interim injunction order in favour of the respondent Nos.1 to 3 herein/plaintiffs in respect of the petition schedule property and extended the same until further orders vide docket order dated 23.06.2022. The contention of the appellant/defendant No.4 is that by wrongly mentioning his name and misrepresenting the facts, the respondent Nos.1 to 3 herein/ plaintiffs obtained ex parte ad interim injunction order in their favour. At this juncture, it is not appropriate to express any opinion in relation to merits of the case. The said exercise is required to be carried out by the Court below. As per the mandate given under Order XXXIX Rule 3A of CPC, the Court below is required to dispose of the subject I.A.No.1395 of 2021 within thirty (30) days from the date on which the injunction was granted. Much time has been passed. By this time, the Court below ought to have finally disposed of the subject I.A. In view of these circumstances, this Court deems it appropriate to direct the Court below to dispose of the subject I.A. pending on its file, expeditiously.

Accordingly, the Court below is directed to dispose of the subject I.A.No.1395 of 2021 in O.S.No.303 of 2021 pending on its file, within a period of three (03) weeks from today. It is needless to say that the direction given herein shall also apply to the Court having additional charge.

With the above direction, this Civil Miscellaneous Appeal is disposed of.

Miscellaneous petitions, pending if any, in this appeal, shall stand closed. No costs.