THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA C.M.A.No.1093 of 2010 JUDGMENT: This appeal is filed by the petitioner/plaintiff aggrieved by the order dated 25.11.2010 in I.A.No.1483 of 2010 in O.S.No.1179 of 2009 on the file of the Principal Senior Civil Judge, Visakhapatnam vide which temporary injunction sought for by her was rejected. Learned counsel for the petitioner submits that the respondents be restrained from raising any construction or creating any encumbrance over the property in question or alienating the same during the pendency of the suit. Learned counsel further submits that the respondents have filed an affidavit stating that they will not claim any equities in case the suit is decided against them. He further submits that the parties be directed to maintain statusquo with regard to construction. Learned counsel for the respondents, however, submits that when the respondents are not claiming any equities, in case, the suit is decided against them, then there is no ground to stay the construction. Learned counsel further submits that the construction is already underway and if the same is stopped huge loss will be caused to the respondents. After hearing the counsel for the parties, this appeal is disposed of restraining the respondents from creating any encumbrance over the property in question or alienating the same during the pendency of the suit. The respondents may, however, proceed with the construction. It is made clear that the respondents shall not claim any equities in their favour in case the suit is decided against them. It is also made clear that in case the suit is decided against them then the construction raised by them would either be liable to be demolished or would be handed over to the petitioner. Keeping in view the nature of controversy in the present case, the trial Court is directed to dispose of the suit expeditiously, preferably within six months from the date of receipt of a certified copy of this order. There shall be no order as to costs. ASHUTOSH MOHUNTA,J Dt. 17.11.2011 Note: CC within one week. b.o. lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA C.M.A.No.1093 of 2010 Dt. 17.11.2011