THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.919 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is directed against the order, dated 31.08.2010, in I.A.No.218 of 2010 in O.S.No.230 of 2009, on the file of II Additional Senior Civil Judge (Fast Track Court), Mahabubnagar, whereunder and whereby, the petition, filed under Order XXXIX Rules 1 and 2 read with Section 151 C.P.C., to grant ex parte ad-interim injunction, was dismissed. 2. Both the learned counsel stated that a direction may be given to the trial Court to dispose of the suit. 3. The suit is filed by the appellants/plaintiffs for partition of plaint schedule property by metes and bounds and for delivery of possession of 3/20th share of the suit schedule property. As on today none of the parties is said to be in exclusive possession of the suit schedule property, because the suit schedule property is not divided by metes and bounds. Therefore, instead of deciding the present appeal on merits, it is desirable that the suit itself be disposed of as expeditiously as possible, so that the rights of the parties can be determined finally once and for all. Hence, without adverting to the merits of the case, the appeal can be disposed of. 4. Accordingly, the Civil Miscellaneous Appeal is disposed of directing the trial Court to dispose of the suit itself as expeditiously as possible, subject to part heard and other old cases. There shall be no order as to costs. _______________ K.C. BHANU, J November 10, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.919 OF 2010 Between: Kavali Suvarna and others .....APPELLANTS AND D. Ramulu and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.919 OF 2010 November 10, 2010