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M. G. PRIYADARSINI
Pandu Naik Devidas Naik – Appellant
Versus
Jeevla Naik – Respondent
ORDER
M.G.Priyadarsini, J. - Aggrieved by the order and decree dated 10.08.2023 (hereinafter will be referred to as 'impugned order') in CMA No.33 of 2022 passed by the learned III Additional District and Sessions Judge, Sangareddy District, the respondents/ defendants i.e., revision petitioners herein filed the present Civil Revision Petition to set aside the impugned order.
2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the trial Court i.e., learned Senior Civil Judge, Zaheerabad.
3. The brief facts of the case as can be seen from the record available before the Court are that petitioner/plaintiff filed O.S.No.24 of 2022 before the learned Senior Civil Judge at Zaheerabad for the relief of perpetual injunction restraining the respondents/defendants from interfering with his possession and enjoyment in respect of the suit schedule property. Along with the said suit, the petitioner/plaintiff has filed I.A.No.347 of 2022 in O.S.No.24 of 2022 seeking ad interim exparte injunction restraining the respondents/defendants from interfering with his possession and enjoyment in respect of the suit schedule property. The contention of the pet
The court discussed the provisions of Order XXXIX Rule 3A of the Code of Civil Procedure and its implications on the grant of temporary injunction.
The validity of unregistered agreements and the maintainability of suits for perpetual injunction based on possession were central to the judgment.
A party seeking a temporary injunction must establish lawful possession, a prima facie case, balance of convenience, and irreparable injury.
Judicial authorities must provide reasons for granting temporary injunctions, ensuring adherence to legal standards for prima facie possession and balance of convenience.
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