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2001 Supreme(AP) 219

V.V.S.RAO
Meghraj Gayatri Devi – Appellant
Versus
Jetling Rajeshwar – Respondent


V. V. S. RAO, J.

( 1 ) THE petitioner is the plaintiff. Aggrieved by the order dated 28-10-1997 in I. A. No. 765 of 1997 in O. S. No. 669 of 1993 on the file of the learned II Additional District Munsif, Warangal, the present revision under S. 115 of the Code of Civil Procedure, 1908 (for short cpc ) is filed.

( 2 ) THE brief facts are as follows :one Jetling Rajeswar Rao was the owner of the house bearing No. 13-7-121, Matwada, Warangal. After his death, disputes arose between his nephew one J. Rajeswar and his alleged adopted daughter Smt Gayatri Bai. The latter, the petitioner herein filed a suit for injunction being O. S. No. 669 of 1993 on the file of the Court of the II Additional District Munsif, Warangal. She also filed an application under Order 39, Rules 1 and 2, CPC being I. A. No. 1166 of 1993. Initially, an ex parte ad interim injunction was granted and later the same was made absolute. Aggrieved by the same, the defendant carried the matter in appeal being CMA No. 78 of 1994 and the same was dismissed on 16-7-1996. By virtue of the injunction, the defendant did not interfere with the possession of the plaintiff.

( 3 ) ON 1-10-1997, the defendant filed I. A. No. 765 of








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