SHAHZADI BEGUM Vs. BADRUNNISSA BEGUM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the observations made by learned Single Judge of andhra Pradesh High Court while entertaining an appeal under Order 43, Rule 1 CPC against the order of the learned trial judge vacating the ad interim order of injunction passed in favour of the plaintiff. The plaintiff had filed a suit for declaration of title and an application for ad interim injunction had also been filed. Initially an ex-parte ad interim injunction had been granted which later on stood vacated. Against that order the plaintiff had approached the High Court.

(3.) The High Court, peculiarly, in disposing of the appeal, came to hold that the suit itself filed by the plaintiff was not maintainable, but notwithstanding the same, directed that the plaintiff should be given an opportunity to file a third claim in the executing court and the executing court shall decide the same on merits without deciding that the third claim petition is barred by res-judicata as earlier two claim petitions were not decided on merits. Plaintiff as well as the defendant were also allowed to lead evidence in this matter. The High Court also directed that the status quo as on date should be maintained. It is this direction which is the subject matter of challenge in this appeal at the instance of the defendant.