HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.M.A.No.597 of 2014 Date : 25-7-2014 Between :
The Tenali Taluk High School Committee, Tenali, represented by its Secretary and Correspondent, and another .. Appellants And Jandhyala Sashikala Respondent Counsel for appellants : Sri M. Vidyasagar Counsel for respondents : Sri V.S.R. Anjaneyulu The Court made the following :
JUDGMENT:
This Civil Miscellaneous Appeal is filed against order dated 17-4-2014 in I.A.No.129 of 2014 in O.S.No.2 of 2014 on the file of the learned XI Additional District & Sessions Judge, Tenali.
The appellants filed the above mentioned suit for declaration of title in respect of the suit schedule property comprised in T.S.No.348/2 and for mandatory injunction directing the respondent/defendant to demolish the unauthorized construction made therein. In the said suit, the appellants filed I.A.No.129 of 2014 seeking interim injunction restraining the respondent from alienating the plaint schedule property to others. The respondent filed a counter-affidavit wherein she has inter alia stated in para-10 as under :
“….. This Respondent-Defendant never intended to alienate the property. The petitioners-plaintiffs filed interlocutory applications to get some orders and harass this Respondent-Defendant under the guise of the said orders. The Petitioners-Plaintiffs are not entitled to get any interim orders.”
Instead of recording the above mentioned statement of the respondent and closing the I.A., the learned Judge has needlessly considered the same on merits by spending the Court’s valuable time.
At the hearing, Sri V.S.R. Anjaneyulu, learned counsel for the respondent, fairly reiterated the stand taken by his client in the counter-affidavit referred to above.
In this view of the matter, without rendering any finding on the legality or otherwise of the order of the lower Court, the Civil Miscellaneous Appeal is disposed of by placing on record the stand taken by the respondent that she will not alienate the suit schedule property pending the suit.
As a sequel to the disposal of the Civil Miscellaneous Appeal, CMAMP No.872 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 25-7-2014 AM