HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.M.A.No.570 of 2014 Date : 20-9-2014 Between :
M. Venkatesham ..
Appellant And Smt. M. Sattemma and another .. Respondents Counsel for appellant : Sri K. Mohan Counsel for respondents : Sri P. Krishna Mohan The Court made the following :
ORDER:
This Civil Miscellaneous Appeal arises out of order dated 28-4-2014 in I.A.No.1558 in O.S.No.372 of 2012 on the file of the learned III Additional Chief Judge, City Civil Court, Hyderabad.
The appellant is no other than the son of respondent No.1 and brother of respondent No.2. The appellant has filed the above mentioned suit for a declaration that he is the owner of the suit schedule property and also to declare that the deed of cancellation of gift settlement dated 17-7-2010 and gift settlement deed dated 28-3-2012 as null and void.
Originally the property belonged to respondent No.1. She executed a registered gift settlement deed dated 4-7- 1996 in respect of the property in favour of the appellant. Later, respondent No.1 has cancelled the said gift deed by executing a registered cancellation deed dated 17-7-2010 and gifted a part of the property under gift settlement dated 28-3-2012 in favour of respondent No.2. Along with the suit, the appellant filed I.A.No.1558 of 2012 under Order XXXIX Rules 1 and 2 r/w. Section 151 CPC for grant of ad interim injunction restraining the respondents from interfering with his peaceful possession of the property. The lower Court, by order dated 28-4-2014 has dismissed the said application.
This Court, on 19-6-2014 while ordering notice has granted injunction. The respondents have since entered appearance through their counsel. After hearing the learned Counsel for both the parties, I am of the opinion that the elements of balance of convenience and irreparable injury lie in favour of the appellant who claims to be in physical possession of the property to continue the interim injunction granted by this Court. Therefore, without delving into the correctness or otherwise of the findings rendered by the lower Court, the Civil Miscellaneous Appeal is disposed of by continuing the interim order of injunction granted in this appeal till disposal of the suit. Since the suit is of the year 2012, the lower Court is directed to dispose of the same within a period of six months from the date of receipt of this order.
As a sequel to the disposal of the Civil Miscellaneous Appeal, CMAMP No.1172 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 20-9-2014 AM