HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE B.CHANDRA KUMAR C.M.A. No.1 OF 2007 DATED:25-09-2009 BETWEEN: Appala Mallaiah @ Golla Mallaiah & Another …Appellants AND Appala Mallesh @ Golla Mallesh & Others. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE B.CHANDRA KUMAR C.M.A. No.1 OF 2007 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) Plaintiffs, who are unsuccessful in obtaining an injunction from the lower Court filed this appeal assailing the orders of Senior Civil Judge, Vikarabad, R.R.District, dated 1.12.2006 dismissing I.A.No.303 of 2006 in O.S.No.109 of 2006 filed under Order XXXIX Rules 1 and 2 C.P.C. This Court by order, dated 22.1.2007 in CMAMP.No.3 of 2007 granted interim injunction restraining the respondents from alienating the suit schedule property and the said injunction order is in force. Admittedly, the suit has been instituted by the plaintiffs for declaration that they are entitled to 1/3rd share in the suit schedule property and for partition of the same. Pending the suit, initially, the lower Court granted ad interim injunction and later, it was vacated by the impugned order, dated 1.12.2006. But, this Court granted interim injunction and the same is continued in favour of the plaintiffs-petitioners herein since 22.1.2007. Now, it is represented that the evidence on plaintiffs’ side is already completed and the suit is now posted for the evidence of defendants. In view of the above and inasmuch as the order of injunction is in favour of the plaintiffs from 2006 onwards, we are inclined to continue the same till the disposal of the suit. Accordingly, the impugned order is set aside and I.A.No.303 of 2006 is allowed. The lower Court shall dispose of the suit on merits uninfluenced by any of the observations made by it in the impugned I.A. within a period of six months from the date of receipt of a copy of this order. The appeal is accordingly disposed of. There shall be no order as to costs. ________________ A. GOPAL REDDY, J. __________________ SEPTEMBR 25, 2009 B.CHANDRA KUMAR, J. Tsr.