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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NINALA JAYASURYA, TUHIN KUMAR GEDELA
Bijinavemula Tholisamma, W/o B. Sivareddy – Appellant
Versus
Dusani Sivamma, W/o. Dusani Bala Subba Reddy – Respondent
JUDGMENT :
Ninala Jayasurya, J.
The present Civil Miscellaneous Appeal is filed against the order dated 05.08.2025 passed in I.A.No.246 of 2023 in O.S.No.2 of 2023 on the file of the Court of the III Additional District Judge, Kurnool at Nandyal.
2. The respondents herein / plaintiffs filed the said suit against the appellants / defendants seeking the following reliefs:
a) for passing of preliminary decree for partition of plaint schedule properties into 2 equal shares and allot one share each to the plaintiffs and defendants i.e., half share to plaintiffs 4 and 5 in the half share of plaintiffs half share and 1/3rd share each to plaintiffs 1 to 3 in the remaining half share of plaintiffs half share and 1/7th share each to defendants 1 to 7 in the remaining half share of defendants in the plaint schedule properties with regard to good and bad qualities and deliver possession of the same to the plaintiffs.
b) for passing of final decree in terms of preliminary decree;
c) for permanent injunction restraining the defendants and their legal heirs from alienating or create any encumbrances like sale, gift, mortgage etc., or transferring the suit property in any manner in favour of anybody til
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 court emphasized the discretionary and equitable nature of temporary injunctions, considering the balance of convenience and limited jurisdiction to interfere with trial court orders.
A decree would be binding on the parties to the suit and not on third party.
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
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.
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
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