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2021 Supreme(SC) 826

HEMANT GUPTA, V.RAMASUBRAMANIAN
P. Satyanarayana – Appellant
Versus
Nandyala Rama Krishna Reddy – Respondent


Advocates appeared:
For the Petitioner(s):Somanadri Goud Katam, Sudipto Sircar, Ponnam Mahesh Babu, Advocates
For the Respondent(s):D. Ramakrishna Reddy, S. Arif Ali Zaidi, D. Bharathi Reddy, Advocates

JUDGMENT :

V. Ramasubramanian, J.

1. The respondent herein filed a suit (i) for a declaration that he is the absolute owner in possession and enjoyment of the suit schedule property; (ii) for a further declaration that the Gift Settlement Deed dated 24.07.1987 executed in favour of the petitioner herein was null and void; and (iii) for a permanent injunction restraining the petitioner herein from interfering with his possession and enjoyment.

2. Pending suit the respondent also moved an interlocutory application for an interim order of injunction restraining the petitioner herein from interfering with his peaceful enjoyment and possession of the suit property. By an Order dated 11.02.2020, the trial Court dismissed the application for injunction.

3. Challenging the said order of dismissal, the respondent filed an appeal under Order XLIII, Rule 1 of the Code of Civil Procedure. By an Order dated 2.06.2021, the High Court for the State of Telangana at Hyderabad allowed the appeal and granted an interim order of injunction in favour of the respondent, pending disposal of the suit. It is against the said order that the defendant in the suit has come up with the present special leave petiti

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