IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.21 OF 2010 Between : Sri Bathini Madhusudhan Reddy ... APPELLANT A N D Sri Bathini Ram Reddy and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.21 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), is directed against the order, dated 02.12.2009 in I.A.No.771 of 2009 in O.S.No.56 of 2009, on the file of the Senior Civil Judge, Wanaparthy, whereunder and whereby, the application filed under Order XXXIX Rules 1 and 2 CPC to grant temporary injunction restraining the respondents herein from alienating the suit schedule property, was dismissed and ex parte interim injunction already granted on 12.10.2009 was vacated. 2. In view of the orders passed in C.M.A.No.934 of 2010, directing the appellant herein to present the plaint before the District Court, which is having the pecuniary jurisdiction, this Civil Miscellaneous Appeal is disposed of granting liberty to the appellant to file a fresh application before the District Court for grant of interim injunction after the suit is numbered. It is made clear that order, dated 02.12.2009 in I.A.No.771 of 2009 in O.S.No.56 of 2009 on the file of the Senior Civil Judge, Wanaparthy, shall not operate as res judicata. Fresh application if any, filed by the appellant herein in jurisdictional Court shall be disposed of in accordance with law. There shall be no order as to costs. _______________ K.C.BHANU, J AUGUST 27, 2011. YVL