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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venuthurumalli Gopala Krishna Rao
State Of Andhra Pradesh, Rep. by its District Collector, Kurnool – Appellant
Versus
S.Murali Mohan – Respondent
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
This second appeal is filed aggrieved against the Judgment and decree dated 04-6-2012 in A.S.No.87 of 2011 on the file of the IV Additional District Judge, Kurnool District, confirming the Judgment and decree dated 22-7-2011 in O.S.No.88 of 2007 on the file of the Additional Senior Civil Judge, Kurnool.
2. The appellants herein are defendants 1 and 2 and the respondents are plaintiffs 1 to 5 in O.S.No.88 of 2007 on the file of Additional Senior Civil Judge’s Court, Kurnool.
3. The plaintiffs initiated action in O.S.No.88 of 2007 on the file of Additional Senior Civil Judge’s Court, Kurnool, with a prayer for permanent injunction restraining the defendants, their men and agents from entering into or in any way interfering with the possession and enjoyment of the plaintiffs in the plaint schedule properties and for costs of the suit.
4. The learned Additional Senior Civil Judge, Kurnool, decreed the suit with costs in favour of the plaintiffs granting permanent injunction restraining the defendants, their men and agents from entering into or in any way interfering with the possession and enjoyment of the plaintiffs in the plaint schedule pr
In matters of permanent injunction, plaintiffs must demonstrate legal possession, which was upheld as valid against claims of governmental assignment, affirming the necessity of evidential support fo....
The court affirmed that registered sale deeds establish ownership and possession, overriding claims of government assignment when not substantiated by evidence.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Possession on the date of filing a suit is essential for granting a permanent injunction; the First Appellate Court findings on possession were upheld as correct.
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
It is within the realm of the competent authority to take appropriate action to resume the assigned land. Section 53A of the Transfer of Property Act, 1882 is not applicable in respect of an agreemen....
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.
The jurisdiction of Civil Courts is upheld in injunction suits despite title disputes, reaffirming the principle of protecting long settled possession from forcible eviction without due process.
Point of law: High Court cannot set aside findings of fact of the first appellate court and come to a different conclusion on reappraisal of evidence while exercising jurisdiction under Section 100 C....
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