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1969 Supreme(AP) 96

GOPALRAO EKBOLE, K.RAMACHANDRA RAO
Rayapati Audemma – Appellant
Versus
Pothineni Narasimham – Respondent


RAMACHANDRA RAO, J.

( 1 ) THIS revision has been referred to a Bench as it raises a short but important question of law. The learned counsel for the petitioner relied upon a judgment of Bhima Sankaram, J. , dated 22-7-1960 in C. R. P. No. 67 of 1959. But the learned counsel for the respondent. Sri N. Subba Reddy, contended that the said decision requires reconsideration. Accordingly by an order dated 7-3-1969, this revision has been referred to a Bench by one of us, K. Ramachandra Rao. J.

( 2 ) THE brief facts relevant for the purpose of this case are as follows: - The respondent herein filled a suit O. S. No. 111 of 1968 on the file of the Court of the District Munsiff, Kandukur, for the reliefs among others of possession of a portion of a channel and for a permanent injunction restraining the petitioner from interfering with the respondents possession and enjoyment of the said channel and for moving the silt in the said channel. The petitioner filed a written statement contesting the suit. The respondent has file and application for a temporary injunction pending disposal of the suit. The trial Court ordered the said application subject to the condition that anything done by the











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