HONOURABLE SRI JUSTICE S.RAVI KUMAR C.M.A.No.881 of 2014 Dated 13-11-2014 Between:
Tandra Kumar.
And:
..Petitioner.
M/s. Prime Properties represented by its Managing partner Mohd Jawed Lateef.
..Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR C.M.A.No.881 of 2014 JUDGMENT:
This appeal is against the orders dated 1st August, 2014 in I.A.No.46 of 2014 in O.S.No.97 of 2014 on the file of V Additional District Judge, (Fast Track Court), Ranga Reddy District.
Brief facts leading to this appeal are as follows: Appellant herein filed above referred O.S.No.97 of 2014 seeking permanent injunction against respondent herein in respect of 490 square yards of site in S.No.1007 of Bhagyanagar Co-operative Housing Society, situated at Kukatpally Revenue Village, Balanagar Mandal, G.H.M.C. Kukatpally Circle, Ranga Reddy District. In the said suit, appellant filed I.A.No.46 of 2014 in O.S.No.97 of 2014 seeking temporary injunction and after considering the counter filed on behalf of respondent herein and eight documents marked on behalf of appellant and six documents marked on behalf of respondent, the learned trial judge observed that there is no prima facie case and balance of convenience in favour of the appellant and dismissed the interim injunction application. Aggrieved by the same, present appeal is preferred.
Heard both sides.
I have perused the material papers.
As seen from the impugned order, there is a serious dispute with regard to title over the schedule property and it requires a thorough enquiry with reference to documents relied on by both parties. From the submissions of both sides, it is clear that the suit is ripe for trial.
Advocate for respondent represented that he has no objection to proceed with the trial and some time may be fixed for the trial court for disposal of the case, so that, the rights of the parties can be determined after a full-fledged trial.
On a scrutiny of the material, I am of the view that in stead of deciding the matter on prima-facie basis, it is better that the trial be conducted and the matter can be decided on the basis of evidence.
Considering the dispute and the submissions of both sides, I feel that the appeal can be disposed of by directing the trial court to proceed with the trial and dispose of the suit within six months from the date of receipt of copy of this order.
Accordingly, this Civil Miscellaneous Appeal is disposed of directing the court below to dispose of the suit within six months from the date of receipt of copy of this order.
As a sequel to the disposal of this appeal, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 13-11-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs C.M.A.No.881 of 2014 Dated 13-11-2014