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2014 Supreme(AP) 1360

K.C.BANU, ANIS
Axis Bank – Appellant
Versus
Kothapeta Settibalija Ramamandiram Committee – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Chitta, Counsel.
For Respondents/Defendant: Dhanamjaya, Counsel.

JUDGMENT

Anis, J.

1. These Civil Miscellaneous Appeals under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') are directed against the order and decree, dated 01.04.2014, in I.A. No. 601 of 2013 in O.S. No. 155 of 2013, on the file of the Special Judge for trial of cases under Scheduled Castes and Schedule Tribes (POA) Act-cum-X Additional District & Sessions Judge, East Godavari, at Rajahmundry (for short 'the trial Court'), whereunder and whereby the petition filed by the first respondent/petitioner under Order XXXIX Rules 1 and 2, seeking interim injunction restraining the appellants in both Appeals/respondent Nos. 1 and 2 from conducting auction of plaint schedule property, during pendency of the suit was allowed. The appellants in both the Appeals are respondent No. 2 and respondent No. 1 respectively; respondent No. 1 and respondent No. 3 in both the Appeals are the petitioner and respondent No. 3 respectively, in I.A. No. 601 of 2013 in O.S. No. 155 of 2013.

2. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the Interlocutory Application.

3. The brief averments made in the petition are that the petition





































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