IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE NINETH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD C.M.A.No: 628 of 2010 Between: M/s. Vishnu Housing (P) Limited, Ameerpet, Hyderabad. ..... APPELLANT(S) AND Dr. Swarna Mandava and others. THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD C.M.A.No : 628 of 2010 JUDGMENT (Per BPR,J): Heard the learned counsel appearing for both the parties and at their consent, the main appeal itself is taken up for disposal. 2. The appellant is the D-1 and the 1st respondent is the plaintiff in O.S.No.386 of 2010 on the file of II Additional Chief Judge, City Civil Court, Hyderabad. The suit was filed to declare the sale deed No.4078 of 2005, dated 08-10-2005, which was executed by D-2 to D-4 in favour of D-1, as null and void and to restraint D-1 from alienating the suit schedule property to third parties by granting the injunction. Along with the suit, the 1st respondent-plaintiff filed an application in I.A.No.2334 of 2010 under Order 39 Rules 1 and 2 CPC to restrain the appellant-D-1, his men and agents from making any construction over the petition schedule property pending disposal of the main suit. The Court below by order dated 22-07-2010, while adjourning the matter to 12-08-2010, granted status-quo till 12-08-2010. 3. When the main suit is filed for cancellation of sale deed No.4078 of 2005, dated 08-10-2005, and this appeal is filed against the interim order of status-quo for a limited period, we are of the view that normally, no interim orders can be passed, as even otherwise, the appellant can as well file a counter in I.A.No.2334 of 2010 before the Court below, agitating its grievance, and seek for remedy to the extent of the order passed in the said I.A. Thereupon, the Court below can take up the said petition and dispose of the same as early as possible. 4. Though several contentions are urged on behalf of the appellant about the very maintainability of the suit and entitlement of the relief, we are not able to express any opinion at this stage. However, in view of the urgency expressed by the learned counsel for the appellant, we deem it more appropriate that the appellant can be permitted to file a counter in I.A.No.2334 of 2010 in O.S.No.386 of 2010 on the file of II Additional Chief Judge, City Civil Court, Hyderabad, immediately, on or before 12th of August, 2010 after service of notice on other side and the petition in I.A.No.2334 of 2010 in O.S.No.386 of 2010 shall be disposed of by the Court below within a period of ten days thereafter. 5. Subject to the above directions, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________________ JUSTICE B.PRAKASH RAO Date: 9th August 2010 _____________________________ JUSTICE G.BHAVANI PRASAD Note: Issue C.C. in three days. B/o. KVR