HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE P. SWAROOP REDDY C.M.A. NO. 952 OF 2009 Between: Ilyas Khan S/o late H.M. Omer Khan and one another .....Appellants AND Smt Qamar Abdul Rahman Banafe W/o Late Hussain Bin Abdullah and 11 others .....RESPONDENTS JUDGMENT : (Per Hon'ble Sri Justice Ghulam Mohammed) This Civil Miscellaneous Appeal is filed aggrieved by the ex-parte status quo orders dated 20.8.2009 passed in I.A.No. 2232 of 2009 in O.S.No. 499 of 2009 by the II Additional Chief Judge, City Civil Court, Hyderabad. Respondents herein filed an application under Order 39 Rule 1 and 2 R/w Section 151 CPC praying the Court to grant ad-interim injunction in favour of the petitioners by restraining the respondents from making any further construction, alterations or installation of cooking wares including conducting of cooking activities in respect of the open space of the suit schedule property pending disposal of the suit. The Court below passed the following order on 20.8.2009 at the interlocutory stage, which reads thus: “Heard. Issue urgent notices to respondents. Posted 3.9.2009. Status quo to be maintained till then.” Again on 3rd September, 2009, the Court below passed another order, which reads as under: “For counter of R1 and R2 and await SS of R3 by 10.9.2009 interim order is extended on memo.” Heard the learned counsel appearing for both sides. When once an interlocutory application is filed under Order 39 Rule 1 and 2 CPC, that application has to be disposed of within 30 days under Rule 3-A of CPC. For ready reference Order 39 Rule 3-A of CPC is extracted hereunder: “3-A Court to dispose of application for injunction within thirty days where an injunction has been granted without giving notice to the opposite party, the Court shall make n endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.” But in this Case the requirement to dispose of the I.A. within one month has not been adhered to by the Court below. Be that as it may, when once the Court below seized of the mater and there is no decision rendered on merits, it is not open for this Court to determine the rights of the parties. In the circumstances and also in view of the rule position, the Civil Miscellaneous Appeal is disposed of directing the Court below to dispose of the I.A viz., I.A.No. 2232 of 2009, within one week from today, failing which, the matter will be viewed seriously. The trial court is also directed to dispose of the main Suit itself i.e. O.S.No. 499 of 2009 on the file of II Additional Chief Judge, City Civil Court, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order. There shall be no order as to costs. Office is directed to mark a copy of this order to II Additional Chief Judge, City Civil Court, Hyderabad. ________________________ GHULAM MOHAMMED,J _______________________ P. SWAROOP REDDY,J DATE: 20.09.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.