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LAXMI NARAYANA ALISHETTY
Mirza Mujahid Baig – Appellant
Versus
Mohammad Amjad Ali Khan – Respondent
ORDER :
Laxmi Narayana Alishetty, J.
This Civil Revision Petition has been filed by the petitioner/defendant to set aside the order and decree dated 14.08.2020 in I.A.No.176 of 2019 in O.S.No.116 of 2019 (O.S.No.266 of 2022) passed by the Additional Junior Civil Judge-cum-Judicial Magistrate of First Class at Manthani and as confirmed by the Principal District Judge at Jayashankar Bhupalpalli by Common Order, dated 27.03.2023 in CMA No.42 of 2022 (CMA No.1/of 2020 old).
2. Heard Sri Mirza Aijaz Ali Baig, learned counsel for the petitioner and Sri Puli Ashok Kumar, learned counsel for respondent.
3. The petitioner herein is the defendant and the respondent herein is the plaintiff in the suit. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.
4. Brief facts relevant for adjudication of the present Civil Revision Petition are that the plaintiff filed a suit in O.S.No.116 of 2019 for perpetual injunction against the defendant restraining the defendant from interfering with the peaceful possession and enjoyment of the agricultural land admeasuring Ac.1.20 guntas, Ac.0.20 guntas and Ac.0.14 guntas in Sy.Nos.91/1A/A, 91/2B/2/2 and 91/2A/2/2, respectively
The trial Court exceeded its jurisdiction by issuing directions beyond the application’s scope, but the status quo regarding the property must be maintained until the main suit is resolved.
The court upheld the trial court's decision to grant a temporary injunction to protect possession pending trial, emphasizing the importance of documentary evidence in property disputes.
The court emphasized the necessity of proper justification in dismissing temporary injunction applications, underscoring the plaintiff's established possession and ownership rights based on the sale ....
The court ruled that temporary injunction requires a showing of prima facie title, balance of convenience, and credible evidence of possession, with registered sale deeds being prioritized over notar....
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