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2013 DAILYLAW 1388 (AP)

Naresh Kumar Jain v. Basant Kumar Kotari

CMA/40/2013 · 2026-06-28

Balaji Medamalli, D Ramesh

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Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010023722013 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 29 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 40/2013 Between: 1. NARESH KUMAR JAIN, S/O.LATE PAVAN KUMAR JAIN BUSINESS R/O. SRINIVAS NAGAR BEHIND NCS THEATRE VIZIANAGARAM 1. BASANT KUMAR KOTARI, S/o. Sanwal Raj Kothari Business R/o. Srinivas Nagar Behinc NCS Theatre Vizianagaam Seven Star Electricals Chinnaveedhi Vizianagaram Appeal Under Section_____against orders IA NO: 1 OF 2013(CMAMP 49 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo be pleased to grant interi injunction restraining the respondent from making any constructions in petition schedule property which is subject matter of OS No. 8 of 2010 on the file of the 1st Addl. District Judge, Vizianagaram pending disposal of the above Appeal. Date of reserved for orders : Date of pronouncement : 29.06.2026 Date of uploading : IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 40/2013 NARESH KUMAR JAIN, S/O.LATE PAVAN KUMAR JAIN BUSINESS R/O. SRINIVAS NAGAR BEHIND NCS THEATRE VIZIANAGARAM ...APPELLANT AND BASANT KUMAR KOTARI, S/o. Sanwal Raj Kothari Business R/o. Srinivas Nagar Behinc NCS Theatre Vizianagaam and C/o. Seven Star Electricals Chinnaveedhi Vizianagaram ...RESPONDENT Appeal Under Section_____against orders IA NO: 1 OF 2013(CMAMP 49 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interi injunction restraining the respondent from making any constructions in petition schedule property which is subject matter of OS No. 8 of 2010 on the file of the 1st Addl. District Judge, ianagaram pending disposal of the above Appeal. IN THE HIGH COURT OF ANDHRA PRADESH [3587] THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI NARESH KUMAR JAIN, S/O.LATE PAVAN KUMAR JAIN BUSINESS R/O. SRINIVAS NAGAR BEHIND NCS THEATRE ...APPELLANT BASANT KUMAR KOTARI, S/o. Sanwal Raj Kothari Business and C/o. ...RESPONDENT Petition under Section 151 CPC praying that in the circumstances rt of the petition, the High Court may be pleased to grant interi injunction restraining the respondent from making any constructions in petition schedule property which is subject matter of OS No. 8 of 2010 on the file of the 1st Addl. District Judge, 2 Counsel for the Appellant: 1. M S R SUBRAHMANYAM Counsel for the Respondent: 1. N SIVA REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 40/2013 ORDER: (Per Hon’ble Sri Justice D.Ramesh) The present Civil Miscellaneous Appeal has been preferred challenging the judgment and decree dated 29.09.2012 passed by the learned I Additional District Judge, Vizianagaram, in I.A.No.550/2010 in O.S. No. 8 of 2010. 2. Learned counsel for the appellant, on instructions, submitted that the main suit has been disposed of. Hence, nothing remains for adjudication. 3. In view of the said submission, the appeal is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________ JUSTICE D.RAMESH ___________________________ JUSTICE BALAJI MEDAMALLI 29.06.2026 TJN Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 22 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS APPEAL NO: 40/2013 29.06.2026 TJN