THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO Civil Miscellaneous Appeal No. 662 of 2011 JUDGMENT: (Per NVR,J) This civil miscellaneous appeal is directed against the order dated 30.04.2011 passed in I.A. No. 271 of 2011 in O.S. No. 18 of 2011 by the XI Additional District Judge, Krishna District, at Gudivada, granting interim injunction as prayed by the 1st respondent herein, plaintiff in the suit, till 21.07.2011. It is the case of the appellant, defendant No.3 in the suit, that the Court below has no jurisdiction to entertain the suit, as the suit schedule property is situated in Manthena Village of Kankipadu Mandal, Krishna District, which comes within the jurisdiction of the civil courts at Vijayawada, and hence the order of interim injunction granted by the Court below is nonest in the eye of law. When the matter came up for consideration on 19.07.2011, the counsel for the appellant submitted that the appellant has filed an application before the Court below, bringing to its notice that it has no territorial jurisdiction to try the suit, but the Court below, except assigning G.L. number to his application, did not take up the same for consideration. In view of the above allegations made, this Court directed the trial Judge to submit a report, meeting the allegation made by the appellant. Accordingly, the trial Judge submitted his report dated 04.08.2011, stating that the application filed by the appellant was numbered as I.A. No. 438 of 2011 on 11.07.2011 and posted to 21.07.2011 for counter, and that on 21.07.2011, the said application was allowed and the plaint was ordered to be returned to the plaintiff on the ground of jurisdiction, so as to present the same before the Court having jurisdiction. The report further reveals that on 28.07.2011, the Court below received a letter from the II Additional District Judge’s Court, Vijayawada, requesting to transmit the entire record in O.S. No. 18 of 2011 and accordingly the Court below transferred the entire record in the said suit to the Court of II Additional District Judge, Vijayawada, on 29.07.2011. From the above report, it is clear that the application filed by the appellant was numbered on 11.07.2011 itself i.e. much before this Court passed orders on 19.07.2011 directing the trial Judge to submit a report, meeting the allegation of the appellant that his application was not numbered. When the matter is called today, the counsel for the appellant is not present and there is no representation. Having regard to the fact that the plaint was already returned to the plaintiff for want of jurisdiction, consequent to the allowing of the application filed by the appellant, and the record concerning the suit was also transmitted to the Court on the file of which the plaint was presented, as is evident from the report submitted by the Court below, no orders need be passed in the present appeal. The civil miscellaneous appeal is accordingly dismissed. No costs. _____________ N.V. RAMANA, J ______________ K.S. APPA RAO, J 5th August 2011 IBL