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NYAPATHY VIJAY
Kumapati Mariyamma, Krishna District – Appellant
Versus
Godavari Roopkumar Krishna District – Respondent
ORDER :
Nyapathy Vijay, J.
The present Revision is filed aggrieved by the interlocutory order dated 11.06.2015 in I.A.No.145/2015 in O.S.No.578/2012 passed by the III Additional Junior Civil Judge, Vijayawada, Krishna District.
2. The Petitioner is the Plaintiff and the suit for permanent injunction was filed against the Respondent. The said suit was decreed on 22.04.2014 granting permanent injunction in favour of the Petitioner restraining the Respondent from interfering with the suit schedule property. It is the plea of the Petitioner that in spite of the orders of permanent injunction, Respondent forcibly dispossessed the Petitioner from the suit schedule property on 05.04.2014 in violation of the orders of the Court and hence sought for restoration of possession of the suit schedule property.
3. In the counter filed by the Respondent, it was pleaded that the Petitioner was never dispossessed from the suit schedule property and that the Respondent is residing in his property, which is the second plot to the suit schedule property. It was also pleaded that there is one house existing in the name of one Smt.Godavarti Jalaja i.e. the mother of Respondent and her possession was recogniz
Post-decree dispossessions must be addressed under Order 21, Rule 32 of CPC, not Section 144, as the latter pertains to dispossessions pending suit.
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
A plaintiff with lawful possession can seek an injunction against interference, and if ownership is disputed, they may need to prove title in a suit for declaration alongside injunction.
The validity of unregistered agreements and the maintainability of suits for perpetual injunction based on possession were central to the judgment.
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