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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY
Disamcharla @ Bodeiahgari Narasimhulu, S/o Penchalaiah – Appellant
Versus
Disamcharla Ramesh, S/o Penchalaiah – Respondent
ORDER :
K. SREENIVASA REDDY, J.
The petitioners/defendant Nos.1 and 2 filed the present Revision Petition, challenging the Order, dated 21.03.2025 passed in C.M.A.No.7 of 2019 by the learned Civil Judge (Senior Division), Atmakur, SPSR Nellore District (hereinafter referred to, as ‘the Appellate Court’), whereby and whereunder, temporary injunction was granted in favour of 1st respondent/plaintiff against the appellants/defendant Nos.1 and 2 and respondent No.3/ defendant No.3, restraining them from interfering into the peaceful possession and enjoyment over the petition schedule property, by setting-aside the Order, dated 26.12.2017 passed in I.A.No.182 of 2015 in O.S.No.84 of 2015, filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for brevity ‘CPC’), by the learned Junior Civil Judge, Atmakur (hereinafter referred to, as ‘the trial Court’).
2. Appellants in the present Revision are defendant Nos.1 and 2 and respondent No.1 herein is plaintiff and respondent No.2 herein is defendant No.3 before the Trial court. Parties in the present Revision Petition are hereinafter referred to, as they were arrayed before the trial Court.
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3. Plaintiff filed O.S.No.84 of 2
The court upheld that a temporary injunction can be granted based on prima facie possession, balance of convenience, and avoidance of irreparable harm.
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....
Ad-interim injunction – For grant of temporary injunction, petitioner must establish prima facie possession, balance of convenience, and likelihood of irreparable loss, as enumerated under Order 39 R....
The validity of unregistered agreements and the maintainability of suits for perpetual injunction based on possession were central to the judgment.
Judicial authorities must provide reasons for granting temporary injunctions, ensuring adherence to legal standards for prima facie possession and balance of convenience.
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