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SUBBA REDDY SATTI
Boya Kistamma – Appellant
Versus
Boya Suri – Respondent
ORDER
Defendants in the suit filed the above revision assailing the order, dated 16.06.2025, in C.M.A.No.01 of 2025 on the file of learned I Additional District Judge, Srikakulam, preferred against the order dated 25.09.2023 in I.A.No.39 of 2023 in O.S.No.58 of 2023, on the file of learned I Additional Civil (Junior Division), Srikakulam.
2. The parties to the revision are referred to as per their status in the suit O.S.No.58 of 2023.
3. The plaintiff filed suit O.S.No.58 of 2023 on the file of Principal Junior Civil Judge, Srikakulam, seeking perpetual injunction against the defendants. Along with the suit, the plaintiff filed I.A.No.39 of 2023 under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short C.P.C. ), seeking an ad-interim injunction.
4. In the affidavit, filed in support I.A.No.39 of 2023, it was pleaded that the plaintiff s father had an ancestral property in the village and plaintiff possesses land of an extent of Ac.00-52 cents, Ac.00-71 cents and Ac.00-30 cents, in survey Nos.43-1-A-2, 4-3-A and 4-3-A, respectively (totalling Ac.1-53 cents). The plaint/petition schedule property consists of two items i.e. item No.1 is land of an extent of Ac.00
Temporary injunction – Party approaching Court is not entitled to order of injunction as a matter of right – Grant of interim injunction/permanent injunction is discretionary in nature.
The main legal point established is the need to satisfy the court with reference to three cardinal principles for the grant of injunctive relief: prima facie case, balance of convenience, and irrepar....
Execution of Decree - Inherent powers of Court - Plaintiff cannot be held to have a prima-facie case to obstruct a lawful decree of possession passed against him by Court of competent and co-ordinate....
The need for a prima facie case, balance of convenience, and irreparable loss for granting injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
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