VEPURI MALLIKARJUNA RAO Vs. GADDAPATI SITARAMANJANEYULU

JUDGEMENT

(1.) Plaintiff is the appellant and this Civil Miscellaneous Appeal is filed under Order XLIII Rule 1 C.P.C. assailing the order dtd. 30/1/2017 of learned XV Additional District Judge, Nuzvid in I.A.No.902 of 2016 in O.S.No.80 of 2016. Respondents herein are the defendants in the suit.

(2.) O.S.No.80 of 2016 was filed for declaration and permanent injunction. Pending suit, an interim injunction was sought for under Order XXXIX Rules 1 and 2 C.P.C. by the plaintiff by filing I.A.No.902 of 2016. After due hearing, the said application was dismissed. Assailing that, the present miscellaneous appeal was preferred.

(3.) Earlier, this Court called for a report about the stage and status of the trial in O.S.No.80 of 2016. Report dtd. 25/3/2023 of the learned XV Additional District Judge, Nuzvid is placed on record. It indicates that the issues in the suit were settled and trial commenced and plaintiff's side evidence was over and the matter has been coming up for cross-examination of DW.1.