SYED SHAHUL HAMEED Vs. NETHIKOPPULA BHANUMATHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Order XLIII of the Code of Civil Procedure, 1908, is filed by the appellant/defendant No.5, challenging the docket order, dated 02.08.2019, passed in I.A.No.637 of 2019 in O.S.No.205 of 2019, by the Principal Senior Civil Judge, Mahabubnagar, whereby, ex parte interim injunction order was granted in favour of the 1st respondent/plaintiff.

(2.) Heard the learned counsel for the appellant/defendant No.5 and perused the record.

(3.) The learned counsel for the appellant/defendant No.5 would contend that the appellant/defendant No.5 filed counter in the subject interlocutory application for its disposal. The appellant/defendant No.5 also filed an application under Order XXXIX Rule 4 of CPC to vacate the ad-interim injunction order granted in favour of the 1st respondent/plaintiff. Neither the application to vacate the ad-interim injunction order nor the subject interlocutory application were disposed of by the Court below yet, though more than thirty days have elapsed from the date of passing the ad-interim injunction order, dated 02.08.2019, and ultimately prayed to set aside the docket order under challenge and allow the Civil Miscellaneous Appeal as prayed for.