THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.2126 OF 2000 Dated 12th August, 2009 Between: Kandula Brahmaiah and another …Appellants And Kamineni Veeraiah and others …Respondents Counsel for the appellants : Sri P.Madhusudhan Reddy Counsel for respondents 1 to 3: Sri N.Sreerama Murthy The Court made the following J U D G M E N T: The appellants filed O.S.No.133 of 1995 on the file of Junior Civil Judge, Narsaraopet against the respondents for the relief of declaration as to their right to passage mentioned in the suit schedule and for consequential perpetual injunction. The suit was dismissed by the trial Court. Thereupon, they filed A.S.No.66 of 1999 in the Court of Additional Senior Civil Judge, Narsaraopet. They also filed I.A.No.1043 of 1999, under Order XXXIX, Rules 1 and 2 CPC. The lower appellate Court dismissed the I.A. through its order dated 01.02.2000. Hence, this appeal. Heard Sri P.Madhu Sudana Reddy, learned counsel for the appellants, and Sri N.Sreerama Murthy, learned counsel for the contesting respondents. The appellants, no doubt, lost the suit. The fact, however, remains that during the pendency of the suit, the appellants had the benefit of an order of temporary injunction. An appeal is treated as continuation of the suit and except where extraordinary circumstances exist, the arrangement that was obtaining during the pendency of the suit must be continued during the pendency of the appeal also. Way back on 31.07.2000, this Court passed an order of interim injunction. Hence, the appeal is allowed and the order under appeal is set aside. The I.A. shall stand allowed. The lower appellate Court is directed to dispose of the appeal itself, within a period of three (3) months from the date of receipt of this order, uninfluenced by any of the observations made by it in the order under appeal. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated 12th August, 2009 vrn