The Hon’ble Sri Justice C.V.Nagarjuna Reddy Civil Miscellaneous Appeal No.477 of 2014
Dated 23.07.2014
Between:
Smt.Chintalapati Venkata Satya Lakshmi Kala and another …Petitioners And Bulusu Ananda Rao and 37 others …Respondents Counsel for the petitioners: Mr.M.V.Raja Raam Counsel for respondent Nos.1, 4 to 6, 8 to 10, 13, 15 to 20, 26, 27, 29 to 38: Mr.C.Sunil Kumar Reddy, SC for APSRTC The Court made the following:
Order:
This Civil Miscellaneous Appeal (for short ‘the Appeal’) arises out of Order, dated 11-04-2014, in IA.No.2 of 2014 in OS.No.83 of 2014, on the file of the Court of the learned Principal Senior Civil Judge, Anakapalle, whereby urgent notice to the respondents was ordered by the said Court.
At the outset, Mr.G.Rama Gopal, learned Counsel for respondent Nos.1, 4 to 6, 8 to 10, 13, 15 to 20, 26, 27, 29 to 38, raised an objection as to the maintainability of the present Appeal that the impugned order does not, in any way, affect the interests of the petitioners/appellants as the same is filed against an order issuing urgent notice, and that even if such an Appeal is maintainable, the same is maintainable before the District Court as its value is less than Rs.5 lakhs.
A perusal of the order impugned in this Appeal shows that the learned Principal Senior Civil Judge, having found the prima facie case and balance of convenience in favour of the petitioners, ordered urgent notice to the respondents. The issue whether such an order is amenable to an appeal or not need not be adjudicated in this Appeal. Considering the nature of the case, this Court does not propose to adjudicate on the maintainability of the Appeal. It will suffice if the lower Court is directed to dispose of IA.No.2 of 2014 expeditiously. Accordingly, the learned Principal Senior Civil Judge, Anakapalle, is directed to dispose of IA.No.2 of 2014 within two months from the date of receipt of this order.
Subject to the above direction, the Civil Miscellaneous Appeal is disposed of.
As a sequel, interim order, dated 21-04-2014, is vacated and CMAMP.Nos.624 and 738 of 2014 are disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 23rd July, 2014 LUR