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2022 Supreme(AP) 441

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S.Bhanumathi, J.
Gadudula Mahendra @ Bugede Mahendra – Petitioner
Versus
Gowdukulam P. Vannappa – Respondent
Civil Revision Petition No.4617 of 2018
Decided On : 10-11-2022

Advocates:
Advocate Appeared:
For the Appellant : M Karibasaiah
For the Respondent: Virupaksha Dattatreya Gouda

Headnote:

Constitution of India, 1950 - Article 227 –Civil Procedure Code, 1908 - Order XXXIX Rules 1 & 2 – Provides for power of superintendence over all Courts and Tribunals throughout territory by High Court - Petition under Article 227 of Constitution of India, is preferred against orders, allowing appeal on file of Court of I Additional District Judge, which was filed challenging order –Held, Court acts arbitrarily, capriciously or perversely in exercise of its discretion, appellate court will interfere - Exercise of discretion by granting a temporary injunction when there is "no material", or refusing to grant a temporary injunction by ignoring relevant documents produced - When Court refer to acting on "no material" (similar to "no evidence"), Court refer not only to cases where there is total dearth of material, taken as a whole, is not reasonably capable of supporting exercise of discretion -In this case, there was "no material" to make out a prima facie case and therefore, High Court in its appellate jurisdiction, was justified in interfering in matter and vacating temporary injunction granted by trial court – Court find no reason to interfere with order of High Court in seven appeals - Petition dismissed.

ORDER :

This civil revision petition, under Article 227 of the Constitution of India, is preferred against the orders, dated 17.07.2018, allowing the appeal in C.M.A.No.34 of 2015 on the file of the Court of I Additional District Judge, Ananthapuramu, which was filed challenging the order, dated 30.09.2015, allowing the petition in I.A. No.81 of 2015 in O.S.No.54 of 2015 on the file of the Court of the Senior Civil Judge, Kadiri, filed under Order XXXIX Rules 1 & 2 CPC to grant temporary injunction restraining the respondents, their men and agents from interfering with the peaceful possession and enjoyment of the petitioner of the plaint schedule property of Ac.4.00 cents in government dry Sy.No.13 (Ac.2.75 cents + Ac.125 cents), Ac.0.70 cents in government dry Sy.No.17-1 and Ac.2.00 cents in government dry Sy.No.10, all within the specified boundaries mentioned in the schedule.

2. Heard Sri Karibasaiah, learned counsel appearing for the revision petitioner/plaintiff and Sri V.D.Gowda, learned counsel for the respondent Nos.1 & 3.

3. The case of the petitioner/plaintiff, in brief, is that Sande Vannappa @ Senigala Vannappa S/o Beerappa was the absolute owner and in possession of 1/8th share in Ac.19.06 cents in government dry Sy.No.17 (Ac.2.38 cents), 1/8th share in Ac.31.04 cents in government dry Sy.No.13 (Ac.3.88 cents) and 1/10th share in Ac.22.08 cents in government dry Sy.No.10 (i.e., Ac.2.20 cents) of Gurrambylu revenue village and some other property. He gifted away the said property to (i) Poteri Gurappa, (ii) Poteri Gangappa, both sons of Poteri Tatappa and (iii) Venkatamma W/o Potteri Gangappa and daughter of Sande Vannappa @ Senigala Vanappa, under a registered sale deed, dated 23.01.1998, and delivered possession of the property to them. They accepted the gift and took possession of the property and were in possession and enjoyment. Though joint extents were shown in the gift deed, Sande Vannappa and other co-owners of the said survey numbers divided the properties and enjoying their respective properties for long time. Later on, Poteri Gurappa died unmarried. Poteri Gangappa also died leaving behind him his wife, Poteri Venkatamma and daughter Gadudala Beeramma W/o Ramappa of Yaraguntapalle as his legal representative to succeed his estate and they were in possession and enjoyment of the same. Poteri Venkatamma and her daughter, Gadudala Beeramma, divided the properties by mutual consent long back. In the division, Poteri Venkatamma was enjoying the petition schedule property while the other property was enjoyed by G.Beeramma. Thereafter, Poteri Venkatamma gifted away the plaint schedule property to her daughter, Beeramma out of love and affection under a registered gift deed, dated 09.01.1974, bearing document No.18/1974 and delivered possession of the plaint schedule property to her. The gift was accepted by Gadudala Beeramma. She took possession of the property and since then, she was in exclusive possession and enjoyment of the same. Gadudala Beeramma executed a Will, dated 26.03.2013, in a sound and disposing state of mind and with her own Will and volition bequeathing the plaint schedule property to the plaintiff who is one of her sons out of her love and affection. Gadudala Beeramma died on 17.06.2013 on which day her Will took effect and the plaintiff became the absolute owner of the plaint schedule property and has been in exclusive possession and enjoyment of the schedule property. The revenue authorities effected mutation of the name of the plaintiff in adangal/pahani and 1-B (ROR) register. The Tahasildar, Tanakal, granted pattadar passbook and title deed to the plaintiff regarding the petition schedule property, on due enquiry. The defendants, who have no manner of right to and possession of any part of the plaint schedule property at any point of time are trying to interfere with the right and possession of the plaintiff over the plant schedule property and taking advantage of the weakness of the plain

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