C.PRAVEEN KUMAR, B.KRISHNA MOHAN
Gowram Thippa Reddy – Appellant
Versus
Vuchala Sudarshan Reddy – Respondent
Certainly. Based on the provided legal document, here are the key points:
Burden of Proof in Injunction Suit: The party approaching the court for an injunction must prove that they are in possession of the property as on the date of filing the suit. The court considers factors such as a prima facie case, balance of convenience, and irreparable injury when deciding whether to grant an injunction (!) (!) .
Scope of Review: A review of an order or judgment is permissible only when there is an error apparent on the face of the record. Such an error must be self-evident and recognizable without detailed reasoning or extensive analysis. Mere errors on merits that require reasoning to detect are not sufficient grounds for review (!) (!) .
Limitations of Review Power: The power of review is limited and cannot be exercised as an appellate remedy. It is restricted to correcting patent errors or mistakes that are obvious upon a mere glance at the record. Discovery of new evidence or important matters not available earlier can also constitute grounds for review, provided due diligence was exercised (!) (!) .
Nature of Error for Review: An error that is not self-evident and requires reasoning to identify does not qualify as an error apparent on record. The error must be such that it can be detected instantly and without elaborate analysis, otherwise, the review cannot be justified (!) .
Evidence and Possession: In cases involving possession, the court emphasizes that the initial burden is on the party claiming possession to prove it as of the filing date. The court examines documentary evidence, such as sale deeds, electricity connections, and other possession-related documents, to determine possession status (!) (!) (!) .
Appellate Court's Approach: When the appellate court agrees with the trial court's findings based on appreciation of evidence, it need not restate all the evidence or reasons but can generally concur with the reasoning. However, if the appellate order is cryptic or fails to consider relevant evidence, it may be in violation of legal requirements, potentially justifying a review (!) (!) (!) .
Specific Findings on Possession: In the case at hand, the evidence indicates conflicting claims of possession and ownership. The trial court's findings on possession were not definitive, and the review court identified that the original order lacked clarity on who was in possession as of the filing date. This ambiguity was deemed an error apparent on the record, justifying the review and setting aside the previous orders (!) (!) (!) .
Effect of Non-Consideration of Evidence: Failure to consider relevant documents or evidence, especially when such evidence directly impacts the question of possession, can be grounds for review. The court highlighted that the absence of a clear finding on possession, despite the available evidence, constitutes an error apparent on the record (!) (!) .
Preservation of Status Quo: Upon allowing the review, the court directed both parties to maintain the current status quo regarding the property until the completion of the trial, emphasizing the importance of preserving the existing position during the proceedings (!) .
Trial Court Directions: The court instructed the trial court to dispose of the main suit within a specified period, ensuring timely justice and resolution of the substantive issues (!) .
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“BY ORDER OF THE COURT”
Since, all these Review Applications are interconnected, they are disposed of by this Common Order.
2. The present Review Applications are filed under Order XLVII Rules 1 and 2 of Code of Civil Procedure, 1908, seeking to review the Common Judgment, dated 21.09.2021, passed in C.M.A. Nos. 86, 71 and 73 of 2021.
3. I.A. No. 2 of 2021 is filed to set-aside the Judgment in C.M.A. No. 86 of 2021; I.A. No. 3 of 2021 is filed to dispense with filing of certified copy of the Judgment; I.A. No.4 of 2021 to suspend the Order and Decree passed by the IV Additional District and Sessions Judge in I.A. No. 35 of 2021 in O.S. No. 9 of 2021 on 26.02.2021; and I.A. No. 5 of 2021 seeking Stay of the Order passed in the C.M.A.
4. Being satisfied with the reasons stated in the affidavit filed in support of I.A. No. 3 of 2021 filed for dispensing with filing of certified copy of the Judgment under appeal, is allowed. Since, main case itself is disposed of, it may not be necessary for us to pass orders in I.A. No. 4 and 5 of 2021.
5. The facts, in issue, are as under:—
(i) Originally, the Plaintiff filed O.S. No. 9 of 2021 before the Court of IV Additional District Judge, Ananta
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