JUDGMENT :

P.Naveen Rao, J.

This Miscellaneous Appeal is preferred against orders of I Additional Chief Judge, City Civil Court at Hyderabad dated 04.10.2021 in I.A.No.955 of 2021 in O.S.No.55 of 2021, where under the trial Court ordered the parties to maintain status quo on the suit schedule property till the final disposal of the suit. The suit schedule property is Acs.40.00 guntas of land in GLR Sy.No.243, Cantonment area, Secunderabad. GLR is General Land Record maintained by the Cantonment Board established under the Cantonment Act, 1924 and Rules made there under. Large tracts of land in Secunderabad area is governed by this Act.

2. From the averments in the suit plaint, following facts are culled out:

2.1. According to plaintiffs, the State of Telangana is the owner and in possession of Acs.40.00 guntas of land out of Acs.119.34 guntas forming part of GLR Sy.No.243 bearing Mutation I.D.No.243 in Cantonment Area of Secunderabad. The GLR reflects the ownership claim of plaintiff-State. GLR is a public document and entries made in GLR are conclusive evidence of title to the property.

2.2. Plaintiffs aver that the entries in GLR show that the State is the landlord. According to plaintiffs, ownership claim of plaintiffs stood affirmed by this Court in the decision dated 25.09.1997 in W.P.No.17768 of 1996 and by the Division Bench in W.A.No.1297 of 1997 instituted by the State Wakf Board and by the Wakf Tribunal in O.S.No.121 of 1998 filed by the Wakf Board. This Court and the Wakf Tribunal rejected the claim of the Wakf Board as owner of the land in issue and held that the State is the pattedar.

2.3. Plaintiffs assert that the suit schedule land is in continuous possession of the plaintiff-State. Plaintiffs also assert that the report of survey conducted in the year 2012-2013 unequivocally establishes the location of suit schedule land and possession of the said land as vesting in the State.

2.4. That being so, plaintiffs allege that under the guise of securing Development Agreement-cum-General Power of Attorney (DAGPA) from the legal heirs of S.K.Harilal and others in respect of Acs.42.00 guntas of land forming part of Sy.Nos.1 and 2 of Lothukunta village of Ranga Reddy district (presently Medchal-Malkajgiri district) the defendant tried to encroach into the suit schedule property of plaintiffs. According to plaintiffs, the right and interest to develop the property claimed by the defendant is based on an unregistered DAGPA which is not tenable in law.

2.5. It is the further case of plaintiff that when defendant tried to encroach into Government land, the Tahsildar, Tirumlgiri Mandal passed orders under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, ‘Act, 1905’) on 13.11.2015 for eviction. Defendant was evicted and the State resumed possession of the suit schedule land on 15.02.2016.

2.6. Claiming that the defendant is repeatedly attempting to encroach into Government land by setting up a false claim of title based on fraud and fictitious documents, the State instituted suit praying to grant decree for declaration of title and permanent injunction declaring the State of Telangana as the absolute owner of the suit schedule property; to declare the documents mentioned in prayer-(ii) as void qua the suit schedule property; and to grant perpetual injunction in respect of suit schedule property restraining the defendant or persons through the defendant from interfering.

3. Alleging that the defendant was once again making attempts to encroach into the suit schedule land on the strength of orders of learned single Judge in W.P.No.5049 of 2016 dated 08.03.2021 even though in W.A.No.150 of 2021 the Division Bench stayed the operation of learned single Judge order, in the said suit plaintiffs filed I.A.No.955 of 2021 praying to grant ad-interim injunction restraining the defendant or any other persons claiming through defendant from interference in the suit schedule property pending disposal of the suit.

4. The defenda