HONOURABLE SMT. JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA C.M.A No:1019 OF 2009 Dated: 14.7.2010 Between: 1. Kunkala Sreehari and another ..Appellants And 1. Jayanthi Narayana Pillai rep., by his GPA Holder and others. .. Respondents. This Court made the following HONOURABLE SMT. JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA C.M.A. No:1019 OF 2009 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by order, dated 27.8.2009 passed in I.A.No.1343 of 2008 in O.S.No.161 of 2008 by the Additional District Judge, Family Court, Nellore, this appeal has been preferred. The appellants herein are the plaintiffs and the respondents are the defendants before the Court below. For the sake of convenience, the status of the parties will hereinafter be referred to as arrayed in the suit. The plaintiffs filed the suit in O.S.No.161 of 2008 for partition of Ac.60.00 in S.No.421, situated at Bandepalli village, Manubolu Mandal, and separate possession of items No.1 to 5 of the plaint schedule. Along with the suit, the plaintiffs also filed an application in I.A.No.1343 of 2008 under Order 39 Rules 1 and 2 CPC seeking to grant temporary injunction restraining the defendants and their men from alienating their shares to third parties. The Court below dismissed the above application. Hence, the present appeal. Heard the learned Counsel for both the parties and perused the material available on record. Even though the service of the notices has been affected by way of substitute service on the respondents, except respondent No.2, none appeared. The material on record goes to show that the appellants- plaintiffs and defendants 1 to 77 purchased the undivided extent of Ac.60.00 cents in S.No.421 of Bandepalli Village, Manubolu Mandal. In the present facts and circumstances of the case as well as the nature of the proceedings, without expressing any opinion on the merits of the case, we feel it desirable to refer the matter to the Legal Services Authority to resolve the dispute. Hence, the matter is referred to the High Court Legal Services authority, so as to refer the same to the Legal Services Authority, Nellore, to resolve the dispute. Accordingly, the CMA is disposed of for the present. No order as to costs. However, it is made clear that in case the matter is not settled, the C.M.A will automatically be restored to file. ____________________ Justice T. Meena Kumari ________________________ Justice Gopala Krishna Tamada Date: 14th July, 2010 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CMA No:1019 OF 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 14.07.2010