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1983 Supreme(AP) 344

SRIRAMULU
PARACHURI MADHAVACHARYULU – Appellant
Versus
MANAM VENKATA RAO – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The revision petition under Section 115 of the Civil Procedure Code (CPC) was filed against an order by the District Judge, allowing an appeal that set aside a trial court's order dismissing a petition for interim injunction and vacating an existing injunction (!) .

  2. The dispute involved possession and tenancy rights over agricultural land, with the plaintiffs claiming they leased the land and cultivated crops, while the defendant denied the lease and asserted joint cultivation with his brother (!) (!) .

  3. The trial court had dismissed the plaintiffs' application for temporary injunction, but the appellate court reversed this decision, granting the injunction restraining the defendant from interfering with the plaintiffs' possession or crops (!) .

  4. The revision petitioner argued that the appellate court failed to properly evaluate the facts, particularly the authenticity of revenue records and affidavits, and that the possession was falsely entered in the plaintiffs' favor (!) (!) .

  5. The court emphasized that the scope of revision under Section 115 CPC is limited to correcting errors of jurisdiction or manifest procedural irregularities that cause grave injustice. It clarified that errors of fact or law unrelated to jurisdiction are not subject to revision (!) .

  6. The court noted that since an appeal had already been preferred and decided against the revision petitioner, the high court's power of revision was barred under the amended provisions, especially when the appellate court had jurisdiction and properly exercised it (!) .

  7. The court reiterated that the primary consideration in temporary injunction cases is the actual possession of the plaintiff at the time of the application, and that the appellate court's findings on possession and revenue records were properly evaluated and supported by evidence (!) (!) .

  8. Ultimately, the court held that there was no illegal exercise or irregularity in the appellate court's decision, and thus, the revision lacked merit. The petition was dismissed, and directions were given to expedite the trial of the case (!) (!) .

  9. The jurisdiction of the high court under Section 115 is limited, and it cannot interfere with appellate decisions that are within the court's jurisdiction, even if the decision appears incorrect, unless a jurisdictional error or grave procedural irregularity is established (!) (!) .

  10. The decision underscores the importance of factual correctness in possession and revenue records, but reaffirms that questions of law or fact, when decided within jurisdiction, are generally not revisable unless they involve jurisdictional issues (!) (!) .

These points collectively reflect the court's reasoning that the revision was not maintainable because the appellate court's exercise of jurisdiction was proper, and no jurisdictional or procedural errors were identified.


SRIRAMULU, J.

( 1 ) THIS Civil Revision petition, under Section 115 of the Code of civil procedure, is dirtcted against the order passed by the District Judge, ongole, in ATA No. 10/1982, dt. 23-11-1982, allowing the said appeal by setting aside the order passed by the Principal, District Munsif, Chirala in IA. No. 3208/1981, in ATC. No. 55/1981, dated 1-3-1982, dismissing the petition for grant of interim injunction and vacating the interim injunction already granted.

( 2 ) THE revision petitioner herein is the first defendant, the respondents 1 to 3 herein are the plaintiffs and the 4th respondent harein is the second defendant in the suit ATCNo. 55/1981, on the file of the Principal, District munsif, Chirala filed for a declaration that the respondents 1 to 3 herein are entitled to continue in possession of the petition schedule property as cultivating tenants and for a consequential permanent injunction restraining the revision petitioner herein and his men from interfering with their possession.

( 3 ) THE case of the plaintiffs was that the revision petitioner harein leased out the petition schedule land to them in the month of June, 1981 on an appeal rent of Rs. 500/- per acre










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