Telangana High Court
The State Of Telangana And 3 Others vs Sri Kamal Kishore Agarwal on 25 September, 2024
Author: P.Sam Koshy
Bench: P.Sam Koshy, G.Radha Rani
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE DR. JUSTICE G.RADHA RANI
I.A.No.1 OF 2022 IN/AND C.M.A.No.322 OF 2022
COMMON JUDGMENT:(per Hon'ble Sri Justice P.Sam Koshy) Heard Mr. Pottigari Sridhar Reddy, learned Special Government Pleader attached to the office of the learned Advocate General for the appellants and Mr. Shyam S. Agrawal, learned counsel for the respondent. Perused the record.
2. The instant civil miscellaneous appeal under Order XLIII Rule 1 CPC has been filed assailing the order dated 19.02.2019 passed by the learned III-Additional Chief Judge, City Civil Court, Hyderabad in I.A.No.2952 of 2018 in O.S.No.756 of 2018.
3. Vide the impugned order, the learned trial Court has rejected I.A.No.2952 of 2018 which was a petition filed under Order XXXIX Rules 1 and 2 CPC seeking injunction restraining the respondent/defendant from interfering into the peaceful possession and enjoyment of the plaintiffs' Government land.
4. The CMA was one which was filed as early as on 15.07.2022. Since then, the CMA is pending consideration before 2 this Court. Initially, there was an order of status quo to be maintained, granted vide order dated 23.03.2023 and it was subsequently vacated on 18.04.2023. Meanwhile, it has been informed that the original suit itself i.e., O.S.No.756 of 2018 has progressed substantially and has reached the stage of trial. It has also been informed that meanwhile against the preliminary objection raised by the respondent/defendant in respect of rejection of plaint i.e., I.A.No.513 of 2019, which was rejected on 23.01.2020, the defendant has already filed a revision i.e., C.R.P.No.1106 of 2020 and where there is a stay of trial passed by this Court.
5. Given the said developments, we are of the considered opinion that no fruitful purpose would be served in keeping the present CMA pending consideration in the light of the substantial development and progress being made in the trial itself. The parties are directed to pursue the suit itself to be decided at the earliest.
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6. I.A.No.1 of 2022 filed seeking for condonation of delay in filing the appeal and the CMA accordingly stands disposed of. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
__________________ P.SAM KOSHY, J _____________________ DR. G.RADHA RANI, J 25.09.2024 Lrkm