APHC010466342023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI CIVIL MISCELLANEOUS APPEAL N Between: 1. PALEM BINDU LATHA, AGED ABOUT 52 YEARS, R/ ERRAGADDA, HYDERABAD, TELANGANA. 1. PALEM GOUTHAM CHANDRAKANTH, S/o. LATE P.VENKATA RAO, AGED ABOUT 41 YEARS, R/o.D.No.1/2617, LIGH COLONY, KADAPA, KADAPA DISTRICT, ANDHRA PRADESH Counsel for the Appellant: 1. Mr.O.Manohar Reddy, learned Senior Counsel, assisted by Ms.AVANIJA INUGANTI Counsel for the Respondent: 1. Mr.S.S.BHATT 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL MISCELLANEOUS APPEAL No: 431 of 2023 PALEM BINDU LATHA, W/o.C.V.RAMANA RAO, AGED ABOUT 52 YEARS, R/o. D.No.9-170, P.R.NAGAR, ERRAGADDA, HYDERABAD, TELANGANA. ...APPELLANT AND PALEM GOUTHAM CHANDRAKANTH, S/o. LATE P.VENKATA RAO, AGED ABOUT 41 YEARS, R/o.D.No.1/2617, LIGH-33- COLONY, KADAPA, KADAPA DISTRICT, ANDHRA PRADESH ...RESPONDENT Counsel for the Appellant: Mr.O.Manohar Reddy, learned Senior Counsel, AVANIJA INUGANTI Counsel for the Respondent: IN THE HIGH COURT OF ANDHRA PRADESH [3549] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE NINALA JAYASURYA JUSTICE TUHIN KUMAR GEDELA C.V.RAMANA RAO, 170, P.R.NAGAR, ...APPELLANT PALEM GOUTHAM CHANDRAKANTH, S/o. LATE P.VENKATA RAO, -B, APHB COLONY, KADAPA, KADAPA DISTRICT, ANDHRA PRADESH ...RESPONDENT 2 The Court made the following Order : (Per Hon’ble NJS, J) Aggrieved by an Order dated 19.04.2023 in I.A.No.824 of 2018 in O.S.No.69 of 2018 on the file of the Court of IV Additional District Judge, Kadapa, the present Civil Miscellaneous Appeal has been preferred. 2. The appellant / plaintiff filed the said suit seeking partition of the suit schedule properties to declare certain Gift Deeds as null and void and for other reliefs. She filed I.A.No.824 of 2018 under Order XXXIX Rule 1 of Code of Civil Procedure to grant ad-interim injunction, restraining the respondent / defendant from alienating the petition schedule property till disposal of the suit. The respondent / defendant filed counter and opposed the I.A. The learned Trial Court while referring to the documents exhibited on both sides opined that the appellant / plaintiff failed to prove the prima facie case and balance of convenience and dismissed the said I.A. 3. Mr.O.Manohar Reddy, the learned Senior Counsel for the appellant / petitioner sought to advance arguments with reference to the grounds raised in the Memorandum of Appeal. Mr.S.S.Bhatt, learned counsel for the respondent appeared through online. Be that as it may. 4. It is noted that the suit was filed in the year 2018, the injunction application filed along with the suit was dismissed as long back as on 19.04.2023. The appeal was preferred on 12.09.2023 and in the miscellaneous application filed along with the appeal, no injunction was granted. 3 5. In the said circumstances, this Court instead of examining the matter on merits, deems it appropriate to dispose of the appeal with a direction to the learned District Judge to dispose of the main suit. 6. Accordingly, the Civil Miscellaneous is disposed of, providing that the learned District Judge shall make endeavour to dispose of the suit, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order, in accordance with the Law, on its own merits, uninfluenced by any of the observations / findings recorded at the time of disposal of I.A.No.824 of 2018 in O.S.No.69 of 2018. The parties on both sides shall cooperate for expeditious disposal of the suit. No costs. Consequently, all pending applications shall stand closed. __________________________ JUSTICE NINALA JAYASURYA _____________________________ JUSTICE TUHIN KUMAR GEDELA BLV Dt. 17.09.2025 4 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA C.M.A.No: 431 of 2023 (Per Ninala Jayasurya, J) Date: 17.09.2025 BLV