HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.M.A.No.619 of 2014 Date : 3-7-2014 Between :
Avenue Supermarts Limited, D-Mart, represented by its Authorised Representative Mr. Naveen Kumar Gade, Secunderabad ..
Appellant And Smt. L. Bhagyamma, Hyderabad ..
Respondent Counsel for appellant : Sri Minnikanti Laxmiprasad Counsel for respondent : Sri Resu Mahender Reddy The Court made the following :
ORDER:
This Civil Miscellaneous Appeal arises out of order dated 24-4-2012 in I.A.No.705/2013 in O.S.No.1184 of 2013 on the file of the learned IV Additional District Judge, Ranga Reddy District, whereby he declined to grant the interim prayer of restraining the respondents from creating third party interests in the suit schedule property, pending the suit.
A perusal of the prayers in the suit shows that refund of security deposit is sought in case the court finds that the premises does not have the required load bearing capacity, while prayer Nos.(ii) and (iii), namely, execution of lease deed in terms of LOI dated 27-7-2012, has been claimed in case of existence of load bearing capacity. The Court below observed that at the earliest point of time the appellant demanded only return of the earnest money deposit and that its demand of execution of lease agreement as per the LOI is a subsequent improvement. The lower Court, having weighed the elements of balance of convenience and irreparable injury, held that if injunction as prayed is granted, respondent No.1 will suffer huge monetary loss.
In my opinion, even if the appellant succeeds on prayers (ii) and (iii), the lower Court can work out equities. Therefore, I do not find any reason to interfere with the order under appeal.
For the above mentioned reasons, the Civil Miscellaneous Appeal fails and the same is accordingly dismissed.
As a sequel to the dismissal of the Civil Miscellaneous Appeal, CMAMP No.925 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 3-7-2014 AM