THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA C.M.A NO : 534 of 2010 Dated: 20.7.2010 Between: Rajendran Chingaravelu ..... APPELLANT AND 1 M/s. Dell International Services India Pvt., Limited, Plot No.42, Hitec City Layout, Madhapur, Hyderabad and another. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA C.M.A. NO : 534 of 2010 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by order, dated 07.5.2010 passed in I.A.No.170 of 2010 in O.S.No.791 of 2010 by the VII Junior Civil Judge, City Civil Court, Hyderabad, this appeal has been preferred by the appellant-party in person. The material on record goes to show that the appellant at the first instance filed W.P.No.1500 of 2010 before this Court for the same cause of action. But the said writ petition was dismissed granting liberty to the appellant herein to work out appropriate remedy before the proper forum, on the ground that the remedy of the appellant cannot be considered under Article 226 of the Indian Constitution. Hence, the appellant filed the suit in O.S.No.791 of 2010 seeking to declare the termination notice as illegal and arbitrary. Along with the suit, the appellant herein also filed the above I.A. before the Court below under Order 39 Rules 1 and 2 CPC seeking to grant temporary injunction or set aside the termination order dated 6.1.2010 issued by the respondents. The Court below dismissed the above application on merits. Aggrieved by the same, the present C.M.A is filed by the appellant. On 16.7.2010, this Court heard the appellant as well as the caveator at length and granted interim direction as prayed for in CMAMP No.1390 of 2010. Subsequently, on 19.7.2010, the Registrar (Judicial) has brought to the notice of this Court the following facts: “The appellant-plaintiff filed CRP assailing the order impugned herein and this Court took an objection as to the entertainability of revision and posted the case for orders of this Court. However, the appellant sought permission of this Court to withdraw the same and accordingly, it was dismissed as withdrawn. Subsequently, the appellant filed the present CMA. In such circumstances, the Office was under the mistaken impression that since the CRP was not entertainable, the appellant filed the CMA, and omitted to look into the legal position. Under clause ( r) of Rule 1 of Order 43 an appeal against an order passed under Rules 1 and 2, Rule 2 A, Rule 4 or Rule 10 or Order XXXIX is entertainable. But, in view of Section 17(1) (iii) of the A.P. Civil Courts Act, 1972, the present appeal shall lie to the District Court. The omission committed by the Scrutiny Section was inadvertant”. The appellant-party in person is present and Sri D. Prakash Reddy, learned Senior Counsel appearing on behalf of the respondents is also present. On being mentioned, it is noticed that the order impugned herein is an appealeable order, under clause (r) of Rule 1 of Order 43. But, in view of Section 17(1)(iii) of the A.P. Civil Courts Act, 1972, the present appeal shall lie before the District Court. The learned Counsel for the respondent has also conceded the same. In view of the legal proposition, we have no hesitation to hold that this appeal lies before the District Court and consequently, the interim order dated 16.7.2010 in CMAMP No.1390 of 2010 can be recalled. Accordingly, the order, dated 16.7.2010 is recalled. The party in person is at liberty to approach the District Court, City Civil Courts, Hyderabad and file an appeal within one week from today. On such appeal being filed, the lower appellate Court shall dispose of the same, within a period of two weeks thereafter. It is needless to observe that both the parties shall co-operate with the Court concerned in disposal of the appeal. With the above observations, this CMA is disposed of. No order as to costs. Registry is directed to return all the original material papers along with the copy of this order and the copy of Order dated 16.7.2010 to the party in person forthwith, for presentation before the appropriate forum. ________________________ Justice T. Meena Kumari _______________________________ Justice Gopala Krishna Tamada Date: 20th July, 2010 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CMA No:534 OF 2010 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 20.07.2010