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J. SREENIVAS RAO
Jadhav Upender, S/o. Chinthru Naik – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad – Respondent
ORDER :
This writ petition is filed seeking Writ of Certiorari by calling for the records relating to the judgment passed by respondent No.2 in O.S.No.A4/CPC/959/2020, dated 24.12.2022 in granting permanent injunction in favour of respondent No.4 restraining the petitioner, his agents and servants from interfering with the peaceful possession and enjoyment of the respondent No.4 over the land to an extent of 1925 Sq.fts i.e. Ac. 1.76 gts (35' x 55') in Sy No. 22/3, situated at Utnoor Village and Mandal, Adilabad District, without conducting proper trial as required under C.P.C and without even deciding the pecuniary jurisdiction, in spite of the direction of this Hon'ble Court in W.P.No.2996 of 2021, dated 19.02.2021, even though the respondent No.2 himself issued the Form-L earlier in respect of the land in Sy.No.22/2 and basing on which the sale deed was registered on 18.08.2011 in favour the petitioner and without having jurisdiction and set aside the judgment passed by the 2nd respondent in O.S.No.A4/CPC/959/2020, dated 24.12.2022 by declaring the same as illegal, arbitrary, abuse of process of law, violation of principles of natural justice and contrary to the rules.
2. Heard Sr
A simple suit for injunction is not maintainable when there is a dispute over title, and the plaintiffs must prove possession within the claimed boundaries.
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
The court reaffirmed that transactions involving immovable property in Agency tracts are void unless made to members of Scheduled Tribes, emphasizing the need for plaintiffs to prove their title.
The validity of the amendment to the original notification under the Estates Abolition Act, 1948 and its impact on the plaintiff's rights to the suit property.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
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