THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 11 of 2007 05-03-2010 Between: Nazir Hussain and others. ……….Appellants And P.Venu Gopal and others. ……….Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No. 11 of 2007 JUDGMENT: This appeal has been filed by the defendant Nos. 14, 17 and 19 in O.S.No.38 of 2006 against the order passed in I.A.No.1169 of 2006 in O.S.No.38 of 2006, dated 23-11-2006, on the file of the Principal District Judge, Medak at Sangareddy, whereby, the interlocutory application filed under Section XXXIX Rules 1 and 2 read with Section 151 CPC by the plaintiff-1st respondent herein was allowed and accordingly, the interim ex parte injunction, dated 11-05-2006, was made absolute till the disposal of the main suit. 2. When the matter was listed on 19-02-2010, the learned counsel for the 1st respondent-plaintiff submitted that the evidence on behalf of the 1st respondent-plaintiff was over and the evidence on behalf of the defendants 1 and 2-respondents 2 and 3 herein, had already been recorded and that the suit was posted for cross- examination on 24-02-2010. The matter was, therefore, adjourned to enable the learned counsel for the appellants to verify the same. 3. Today, the learned counsel for the appellants reported that the suit is at the stage of ‘heard in part’. He, therefore, submitted that this appeal need not be decided on merits, instead, the appeal be closed with an observation that the disposal of the suit be made without being influenced by the observations made in the impugned order. 4. The learned counsel appearing for the 1st respondent- plaintiff and the learned counsel appearing for the other respondents- defendants agreed that they have no objection for a direction to dispose of the suit without being influenced by the observations made in the impugned order. 5. In view of the submissions made by the learned counsel appearing for all the parties, this Civil Miscellaneous Appeal is closed. The Court below may proceed with the hearing and disposal of the suit uninfluenced by the observations made in I.A.No.1169 of 2006 in O.S.No.38 of 2006, dated 23-11-2006, on the file of the Principal District Judge, Medak at Sangareddy. There shall be no order as to costs. ___________________ 5th March 2010 KVR