M. JAGANNADHA RAO, J.

( 1 ) THIS appeal raises the question as to how far a defendant in a suit can obtain a temporary injunction against the plaintiff under Order 39, rule 1, read with Section 151, C. P. C.

( 2 ) THE earlier decision of Chinnappa Reddy, J. , (as he then was in D. Rama Naidu vs. D. C. Venkata Subba Naidu #1 falls to be further explained in the context of the inherent powers of the Court under Section 151 C. P. C.

( 3 ) I shall briefly refer to the facts. The appellants are the plaintiffs in the suit filed for a declaration of title and for permanent injunction. Pending the suit the appellants filed I. A. No. 141/84 for grant of temporary injunction in their favour and for restraining the respondents from interfering with their possession. That application was dismissed by the trial Court on 13-6-1984 and an appeal preferred therefrom was also dismissed in c. M. A. No. 1108/84 on 30-7-1987. Thereafter the defendants filed the present I. A. No. 8/86 for grant of temporary injunction against the plaintiffs. The appellants-plaintiffs filed a counter contending that the present application at the instance of the defendants was not maintainable. It was also stated that th

Click Here to Read the rest of this document