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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T.Mallikarjuna Rao
Guthikonda Veera Venkata Murali Prasad – Appellant
Versus
Doradla Koteswara Rao – Respondent
ORDER :
T. MALLIKARJUNA RAO, J.
1. Since these Interlocutory Applications pertain to the same schedule property and arise from a common judgment and decree, dated 04.10.2024 passed by the X Additional District Judge’s Court, Krishna, Machilipatnam (for short, ‘the Trial Court’), this Court is inclined to dispose of these Interlocutory Applications through a common order.
2. I.A.No.1 of 2025 in A.S.No.15 of 2025 has been filed under Order 39 Rules 1 and 2 read with Section 151 of C.P.C., seeking to grant temporary injunction restraining the Respondents from interfering with the Petitioners’ peaceful possession and enjoyment of suit schedule property in O.S.No.77 of 2013 on the file of the Trial Court.
3. I.A.No.2 of 2025 in A.S.No.15 of 2025 has been filed under Order 39 Rules 1 and 2 read with Section 151 of C.P.C., seeking to grant temporary injunction restraining the Respondents from alienating or creating any 3rd party interest in the suit schedule property in O.S.No.77 of 2013 on the file of the Trial Court.
4. I.A.No.2 of 2025 in A.S.No.18 of 2025 has been filed under Order 39 Rules 1 and 2 of C.P.C., seeking to grant temporary injunction restraining the Respondents from interferin
Possession under Section 53-A of the Transfer of Property Act can be protected against third parties, even without a formal sale deed, if established through credible evidence.
The appeal emphasizes that an appellate court should not override a trial court's discretion in granting injunctions unless exercised arbitrarily, as seen in the established possession rights of the ....
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.
The court emphasized that a party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and risk of irreparable harm, with a failure to do so justifying dismissa....
A plaintiff must demonstrate a prima facie case, balance of convenience, and potential hardship to obtain a temporary injunction under Order XXXIX Rules 1 and 2 of CPC.
The court ruled that temporary injunction requires a showing of prima facie title, balance of convenience, and credible evidence of possession, with registered sale deeds being prioritized over notar....
The main legal point established in the judgment is that the possession follows title, and in cases of vacant property, the person able to establish title is considered to be in possession. The court....
Temporary injunction – For the purpose of claiming relief of interim injunction of restraining defendants from interfering with peaceful possession and enjoyment, one has to prima facie, establish po....
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