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2009 Supreme(AP) 108

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD P.S.NARA Y ANA, J.
Medasani Ramesh Babu
Versus
Medasani Hymavathi and others
C.M.A. No.215, 216, 217 and 218 of 2008
Decided on : 25-02-2009.

Advocates Appeared:
Mr. V. Hari Haran, Counsel for the Appellant.
None Appeared for Respondent Nos. 1 and 2 in C.M.A. Nos. 215 and 216 of 2008.
Mr. K. Ramesh Chowdary, Counsel for Respondent NO.3 in C.M.A. Nos. 215 and 216 of 08 and Respondent in C.M.A. Nos. 217 and 218 of 2008.

Headnote:

Civil Procedure Code - Section 151 - Issuing Exparte Ad-Interim Injunction Against Defendants - learned counsel for 159 appellants in all these civil miscellaneous appeals and Sri A. Narasimha Rao, representing Sri K. Ramesh Chowdary, learned counsel representing respondents - The appellant filed I.A.No.791 of 2007 in A.S.No.202 of 2007 aforesaid as against the respondents under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure praying for temporary injunction restraining respondents from interfering with the peaceful possession and enjoyment of the plaint schedule property - The appellant filed I.A.No.792 of 2007 in A.S.No.202 of 2007 praying for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the Code restraining the respondents from making any alienations either by way of sale or otherwise – Held, this Court is satisfied that C.MANo.215 of 2008 being devoid of merit, the same is liable to be dismissed, but however, in C.MANo.216 of 2008 restraint order to be made granting temporary injunction restraining the respondents from making alienation of the plaint schedule property during the pendency of the appeal - C.MANo.215 of 2008 is hereby dismissed; C.MANo.217 of 2008 and C.M.A.No.218 of 2008 are hereby allowed setting aside the temporary injunction orders granted in favour of respondents-defendants Tatineni Purnachandra Rao and Tatineni Purna Prasad and C.MANo.216 of 2008 also is hereby allowed granting temporary injunction in favour of the appellant Medasani Ramesh Babu, restraining the respondents from making any alienations relating to the plaint schedule property by way of sale or otherwise, till the disposal of the appeal – Petition dismissed

JUDGMENT

Heard Sri Ramakrishna, representing Sri V. Hari Haran, learned counsel for 159 appellants in all these civil miscellaneous appeals and Sri A. Narasimha Rao, representing Sri K. Ramesh Chowdary, learned counsel representing respondents.

2. C.MANo.215 of 2008 is filed by the appellant as against an order made in I.A.No.791 of 2007 in A.S.No.202 of 2007 on the file of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada.

3. C.MANo.216 of 2008 is filed by the appellant as against an order made in I.A.No.792 of 2007 in A.S.No.202 of 2007 on the file of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada.

4. C.M.A.No.217 of 2008 is filed by the appellant as against an order made in IANo.1134 of 2007 in A.S.No.202 of 2007 on the file of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada.

5. C.M.A.No.218 of 2008 is filed by the self same appellant as against an order made in I.A.No.1135 of 2007 in A.S.No.202 of 2007 on the file of VII Additional District and Sessions Judge (Fast Track Court), Vijayawada.

6. In view of the commonality of the questions involved in all these civil miscellaneous appeals, these are being disposed of by a common Judgment.

7. The appellant filed I.A.No.791 of 2007 in A.S.No.202 of 2007 aforesaid as against the respondents under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (hereinafter in short referred to as "the Code" for the purpose of convenience) praying for temporary injunction restraining respondents from interfering with the peaceful possession and enjoyment of the plaint schedule property.

8. The appellant filed I.A.No.792 of 2007 in A.S.No.202 of 2007 praying for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the Code restraining the respondents from making any alienations either by way of sale or otherwise.

9. In the light of the reasons recorded in I.A.No.791 of 2007, I.A.No.792 of 2007 also had been dismissed. Aggrieved by the said orders, C.M.A.No.215 of 2008 and C.M.A.No.216 of 2008 had been preferred respectively.

10. The respondent in C.M.A.No.217 of 2008 filed I.A.No.1134 of 2007 in AS.No.202 of 2007 aforesaid praying for temporary injunction restraining the appellant in A.S.No.202 of 2007, his men, agents and followers from in any way interfering with the peaceful possession and enjoyment of the plaint schedule property under Order XXXIX Rules 1 and 2 read with Section 151 of the Code and temporary injunction was granted in favour of respondent in C.M.A.No.217 of 2008 in view of the orders made in I.ANo.791 of 2007.

11. The respondent in C.M.A.No.218 of 2008 filed I.ANo.1135 of 2007 in AS.No.202 of 2007 praying for temporary injunction restraining the respondent in the said application i.e., appellant in A.S.No.202 of 2007 from in any way interfering with the peaceful possession and enjoyment of the plaint schedule property under Order XXXIX Rules 1 and 2 read with Section 151 of the Code and the said application was allowed in view of the orders made in I.A.No.791 of 2007.

12. The respondent in C.M.A.No.217 of 2008 is Tatineni Purnachandra Rao and the respondent In C.M.A.No.218 of 2008 is Tatineni Purna Prasad. These Tatineni Purnachandra Rao and Tatineni Purna Prasad are shown as respondent Nos.2 and 3 in the other C.M.As. i.e., C.M.A.No.215 of 2008 and C.M.A.No.216 of 2008.

13. Sri Ramakrishna representing Sri V. Hari Haran, learned counsel for appellants in all these appeals Medasani Ramesh Babu would maintain that the learned Judge could not appreciate the documents relied on by either of the parties and the counsel also would maintain that the learned Judge could not appreciate EX.A-26, the certificate issued by the Secretary, Grama Sachivalayam, Pedapulipaka village. The learned counsel also pointed out to certain of the observations and the findings and also the evidence of P. W.1 and EX.A-5 and the Counsel also pointed out to Ex. B-1 and EX.B-8 and would m




















































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