Whether the Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of the Code of Civil Procedure, by the appellant aggrieved by an order of status quo till 11-6-2003 granted in I.A.No.447/2003 in O.S.No.142 of 2003 dated 30-5-2003 on the file of Vacation Civil Judge-cum-II Additional District Judge is maintainable with out following the regular procedure ? - Yes - Moving regular court too is not a bar for maintaining this appeal - 2015 A.P.(2003) MSKLAWREPORTS - http://mskpublications.blogspot.in/



Division Bench already held 
        "It is clear that under O.43, R.1(r), the right of appeal given to the
affected party is not only against a final order of injunction passed by the
lower Court after hearing both the parties under R.4 of O.39 but also against an
ex parte order of injunction passed by the lower court under O.39 R.1 without
hearing the affected party.     Normal judicial machinery for correction of ex
parte orders is the original Court itself.  But under O.43, R.1(r) the injuncted
party can go to an appellate Court against an ex parte order even without first
going before the original Court.  So long as the statute has so willed the
Courts should give effect to that expression of the legislative will,
particularly in the case of remedy by way of an appeal".

Conclusion 

The order of status quo granted in the present case is an order passed by
the Vacation Civil Judge in exercise of his powers under Order 39 Rules 1 and 2
of the Code and even as against such an ex parte order, a Civil Miscellaneous
Appeal lies to this Court only.
 Hence, in view of the
legal position, I have no hesitation in holding that the Civil Miscellaneous
Appeal as against an order of status quo made under Order 39 Rules 1 and 2 of
the Code is perfectly maintainable.
NO Bar to move regular court
It is no doubt true that the appellant
could have as well moved the I Additional Junior Civil Judge, Kakinada for
vacating the order, but for the reasons explained in the affidavit filed in
support of the application before this Court and in view of the urgency, the
appellant thought of preferring the present Appeal.  - 2015 A.P.(2003) MSKLAWREPORTS - http://mskpublications.blogspot.in/

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