THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD C.M.A. NO.1093 OF 2011 JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana) This appeal is filed against the order dated 24.04.2009 passed by the Family Court-cum-Additional District Judge, Khammam, in I.A.No.1425 of 2005 in O.S.No.12 of 2005. The appellants herein are defendants 1 to 9 and the 1st respondent is the plaintiff in the suit. The 1st respondent-plaintiff filed the above suit for partition of the suit schedule properties and for allotment of 1/24th share to him. In the above suit, the plaintiff filed the impugned I.A. seeking to grant interim injunction restraining the appellants-defendants 1 to 9 from in any way alienating the schedule property in favour of third parties. On 15.6.2005, the Court below granted exparte interim injunction for limited period and thereafter, the same was extended from time to time and finally, the impugned I.A. was allowed and the interim injunction granted on 15.6.2005 was made absolute and the appellants- defendants are directed not to alienate or transfer the title of the suit schedule property in favour of third parties. Aggrieved by the same, the present appeal has been filed. Heard both the Counsel and perused the material available on record. Admittedly, the plaintiff and defendants are close relatives. The suit is filed for partition of the suit schedule properties. The impugned order was passed restraining the appellants-defendants from alienating the schedule property. It is the contention of the appellants-defendants that the schedule property is not the joint property and the plaintiff is not entitled to any share therein. These are all the questions to be adjudicated in the main suit after a fullfledged trial, but not at this stage of the proceedings. In these circumstances, we are not inclined to interfere with the order impugned herein. But however, in view of the nature of the suit and since the suit is of the year 2005, without expressing any opinion on the merits of the case, we feel it just and proper to direct the Court below to dispose of the suit, within a period of six months from the date of receipt of a copy of this Order. Accordingly, the CMA is disposed of. No order as to costs. __________________ Justice N.V. Ramana DATE: 14.9.2011 ____________________ Justice P. Durga Prasad nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD C.M.A.NO.1093 OF 2011 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 14.9.2011 Nn