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IN THE HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI, CHALLA GUNARANJAN
Syed Abdulla S/o Late Syed Sab – Appellant
Versus
Shaik Yasin S/o Late Pyaribi And Shaik Khadar – Respondent
JUDGMENT :
Ravi Nath Tilhari, J.
1. Heard Sri S.S. Bhatt, learned counsel for the appellants and Sri M. Venkata Ramana Reddy, learned counsel for the respondents.
2. The appellants are the defendants and the respondents are the plaintiffs in O.S.No.10 of 2023 on the file of the VIII Additional District Judge, Chittoor, filed for division of suit schedule properties into 28 equal shares and to allot7/28th share to the plaintiffs and for delivery of possession.
3. This appeal challenges the grant of temporary injunction in I.A.No.35 of 2023 in the suit directing the appellant defendants not to alienate the "A‟ schedule plaint properties to third parties till the disposal of the suit.
4. The case of the plaintiffs- respondents in brief is that one Syed Sab was the maternal grandfather of the plaintiffs. He had three (3) daughters namely Noorunissa, Pyaribi and Rahamathbi. He had two (2) sons namely Syed Abdulla and Syed Ghouse. The plaintiffs are the children of the late daughters namely Pyaribi and Rahamathbi. The defendants are the sons of Syed Sab; their children; the children of Noorunissa the deceased first daughter of Syed Sab; the daughter in law of late Rahamathbi widow of deceased
The court upheld the grant of a temporary injunction, emphasizing the necessity of establishing a prima facie case, balance of convenience, and irreparable injury in property disputes.
A decree would be binding on the parties to the suit and not on third party.
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse, emphasizing the need for careful scrutiny of such orders.
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
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