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2007 Supreme(AP) 330

P.S.NARAYANA
K. Janga Reddy – Appellant
Versus
G. Srinivas – Respondent


Advocates Appeared:For the Petitioner:Jagan Mohan Reddy, Advocate. For the Respondents:Dyumani, Advocate.

Judgment :-

1. This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of the Code of Civil Procedure (hereinafter, in short, referred to as ‘Code’ for the purpose of convenience) as against an order dated 26-6-2006 made in I.A.No.1220/2006 in O.S.No.1378/2006 on the file of II-Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar. The 3rd respondent in the present Civil Miscellaneous Appeal is the Corporation Bank, S.P.Road, Secunderabad represented by its Authorized Officer and Chief Manager.

2. The appellant herein, as petitioner, filed I.A.No.1220/2006 in O.S.No.1378/2006 as specified above under Order XXXIX rules 1 and 2 of the Code praying for temporary injunction restraining respondent No.3 from interfering with the peaceful possession and enjoyment of the appellant-petitioner over the plaint schedule property. Before the learned II-Additional Senior Civil Judge, Ranga Reddy District, Ex.P.1 to Ex.P.23 were marked. The learned Judge after recording some reasons, came to the conclusion that in view of the bar imposed by Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter, in shor























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