IMPORTANT POINTS

(1) Interim Injunction—Relief of interim injunction is an equitable relief for grant of which petitioner must be able to establish prima facie case, balance of convenience and irreparable loss.

(2) An encroacher cannot seek equitable relief of injunction so as to prevent real owner from protecting property.

ORDER

B.S. Bhanumathi, J.—This civil revision petition is filed under Article 227 of the Constitution of India against the order dated 05.01.2024, allowing the petition in CMA.No.06 of 2023 on the file of Court of VI Additional District Judge, Kadapa filed against the Order dated 04.04.2023, dismissing the petition in I.A.No.878 of 2022 in O.S.No.908 of 2022 on the file of Court of the III Additional Junior Civil Judge, Kadapa filed under Order XXXIX Rules 1 and 2 of CPC by the plaintiff seeking interim injunction restraining the defendant and its men/agents from interfering with the peaceful possession and enjoyment of the following suit Schedule property:

Kadapa District, Kadapa Rural Sub-District, Kadapa Municipal Corporation Area, Chemmumiahpet area, Chemmumiahpet, D.No.45/102-1 of R.C.C. Slab Medde House, Vacant Site fall in S.No.573-1/B to an extent of Ac.0.0