IMPORTANT POINT
The court upheld the requirement for establishing a prima facie case, balance of convenience, and irreparable loss for granting temporary injunctions, emphasizing that trial courts should not decide on merits at the interlocutory stage.

ORDER :

Heard Mr. Shyam S. Agarwal, learned counsel for the petitioner and Mr. Ch.Ravinder, learned counsel appearing for the respondent.

2. The present Civil Revision Petition is filed challenging the order dated 11.08.2023 passed in CMA No.18 of 2021 by the learned I Additional District Judge, Karimnagar.

(For sake of convenience, the petitioner herein is referred to as ‘defendant’ and respondent as ‘plaintiff ’)

FACTS:-

3. Plaintiff filed a suit vide O.S.No.171 of 2021 against the defendant seeking perpetual injunction restraining the defendant and his men from interfering with her possession over the suit schedule property i.e. land admeasuring Ac.0.35 ½ guntas in Sy.No.388/A situated Vedira Village, Ramadugu Mandal, Karimnagar District (for short, ‘subject property’) contending as follows:-

i. Originally, in the revenue records, the entries were made in the name of Dulimitta Lachi Reddy s/o Rajaiah in respect of the subject property. The said Dulimitta Lachi Reddy, sold the subject property to one Bejjanki Yellaiah under a registered sale deed bearing document No.337 of 1982 dated 02.06.1982. The said Bejjanki Yellaiah sold the subject property to one Thodeti Bapu s/o Ashaiah, under a registered sale deed bearing document No.3524 of 2009, dated 04.11.2009. The said Thodeti Bapu, in turn, sold the subject property to Mohammed Abdul Nayeem under a registered sale deed bearing document No.3335 of 2011 dated 25.07.2011. The said Mohammed Abdul Nayeem sold the subject property to the plaintiff under a registered sale deed bearing document No.1281 of 2015 dated 30.04.2015. Therefore, according to the plaintiff, she is the absolute owner and possessor of the subject property.

ii. While so, when the defendant tried to interfere with her possession over the subject property lastly on 02.02.2021, she filed the aforesaid suit against the defendant for perpetual injunction restraining him from interfering with her possession over the subject property.

iii. Plaintiff further contended that the defendant herein created registered gift settlement deed bearing document No.918 of 2003, dated 31.10.2003 from Kummari Santosh Kumar, his brother’s son.

iv. The said gift settlement deed was not entered in the revenue record and he has not handed over the possession of the same to the defendant. v. When the defendant came to know that the plaintiff is in possession of the subject property, he got executed a registered dispute relinquishment deed in favour of plaintiff bearing document No.6613 of 2016 dated 23.06.2016 by receiving an amount of Rs.1.00 lakh and thus, the defendant relinquished his rights over the subject property stating that he will never dispute at any time and cancel the said registered gift settlement deed and that the plaintiff is in possession of the subject property since long time.

vi. The defendant has not entered into the suit land. As such his title and rights were relinquished over the suit schedule property.

vii. The defendant filed written statement contending that one Kummari Santhosh Kumar, is the original owner and possessor of the subject property.

viii. In fact, subject property was purchased by father of the said Kummari Santhosh Kumar, in the name of Kummari Santhosh Kumar from Bejjanki Yellaiah under a simple sale deed long back.

ix. Kummari Santhosh Kumar, filed a suit O.S.No.1037 of 1990 for declaration of title and possession against the said Bejjanki Yellaiah, who in turn filed written statement admitting the title and possession of said Kummari Santhosh Kumar, and basing on the said admission in the said written statement, the suit was decreed on 19.09.1990. The name of Kumamri Santhosh Kumar, was entered in the revenue records, pattadar passbooks and title deeds were also issued. Since then, said Kummari Santhosh Kumar, is in possession of the subject property.

x. Bejjanki Yellaiah in collusion with Thodeti Babu, created a fake and fictitious sale deed bearing document No.3524 of 2009, dated 04.11.2009 in respect of