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T. VINOD KUMAR
Jinkala Venkataiah – Appellant
Versus
Muppavaram Saida Chary – Respondent
ORDER :
1. The present Civil Revision Petition is filed aggrieved by the order dated 28.06.2024 in I.A. No. 335 of 2023 in I.A. No. 66 of 2022 in O.S. No. 80 of 2022 passed by the Additional Junior Civil Judge, at Devarakonda (for short ‘Trial Court’).
2. The petitioners herein are the petitioners in the interlocutory application and defendants in the suit filed for perpetual injunction. The Respondent herein is the plaintiff in the said suit.
3. Heard learned counsel for the petitioner, learned counsel for the respondent and perused the record.
4. Along with the suit the respondent herein had filed an interlocutory application numbered as I.A. No. 66 of 2022 under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908 (for short the ‘Code’). On hearing the application, the Trial Court vide order dated 21.02.2022 had granted an ex-parte ad-interim injunction restraining the petitioners herein from interfering with the respondent’s peaceful possession and enjoyment of the petition scheduled property till filing of the counter. The said ex-parte ad-interim injunction was extended from time to time thereafter.
5. The respondent herein thereafter filed the underlying interlocutory applica
Procedural laws must facilitate justice, allowing parties to participate in legal processes, and should not be construed to deny such participation.
The court affirmed that counter claims can be filed to prevent multiplicity of proceedings, even after the written statement, as long as they comply with legal principles.
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