THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.2626 OF 2000 21st August 2009 Between: Papagari Ramachandram Goud, S/o.Balagoud, 45 years, Working in Indian Army, rep.by his GPA holder, P.Susheela. …APPELLANT AND 1. Papagari Narsagoud, S/o.Rajagoud, 35 years, Occ.Kalal, r/o.Gambhirraopet Village, Gambhirraopet Mandal, Karimnagar District. And two others. …RESPONDENTS THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.2626 of 2000 JUDGMENT: The respondents filed O.S.No.4 of 1987 for the relief of partition and separate possession of the suit schedule property against the appellant in the Court of the Junior Civil Judge, Sircilla. The suit was dismissed on 14.07.2000. Thereupon, they filed A.S.No.3 of 2000 in the Court of the Senior Civil Judge, Sircilla. They have filed I.A.No.143 of 2000 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, with a prayer to restrain the appellant herein or any one claiming through him from obstructing the joint possession of the respondents over the house bearing No.3-2-91. Through docket order dated 10.08.2000, the lower appellate Court issued urgent notice and directed that status quo would be maintained until further orders. The same is challenged in this Civil Miscellaneous Appeal. Heard the learned counsel for the appellant. Notice sent to the respondents was not returned served. The affidavit filed by the respondents before the lower appellate Court in I.A.No.143 of 2000 is silent as to whether any order of temporary injunction was in force during the pendency of the suit. At any rate, the lower appellate Court was under obligation to record reasons before granting any order of temporary injunction or status quo. Way back on 20.09.2000, this Court suspended the docket order dated 10.08.2000 passed by the lower appellate Court. Under these circumstances, the Civil Miscellaneous Appeal is allowed and the order under appeal is set aside. The Registry is directed to return the record under appeal to the lower appellate Court, forthwith. The appeal itself shall be heard and disposed of within a period of three {3} months from the date of receipt of a copy of this order. If the respondents insist on disposal of I.A.No.143 of 2000 on merits, the lower appellate Court shall dispose of the same, after hearing both the parties. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 21st August 2009 RRB