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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SREE SUDHA, T.VINOD KUMAR
Pentala Jyothi Latha – Appellant
Versus
Sri. Sheri Ramakrishna Reddy – Respondent
| Table of Content |
|---|
| 1. establishing the factual basis of the property claims. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. arguments presented by both parties regarding property ownership. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. court's analysis of the claims and legal precedents. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. determination of the relationship between pending suits and property claims. (Para 34 , 35) |
| 5. final dismissal of the appeals. (Para 36) |
JUDGMENT :
(T. Vinod Kumar, J.)
Since, the issues involved in these CMAs are one and the same and they are being disposed of this common judgment.
2. The Civil Miscellaneous Appeal Nos.394 and 395 are filed aggrieved by the order and decree dated 05.06.2024 passed in I.A. No.283 of 2022 and I.A. No.101 of 2022 in O.S. No.63 of 2022 on the file of IX Additional District Judge, Ranga Reddy District, L.B. Nagar (for short ‘the trial Court’).
3. The Appellant herein is the petitioner in the underlying interlocutory applications and plaintiff in the suit filed by her for Partition and Separate Possession against the respondents herein.
4. The appellant filed the underlying interlocutory applications
A party cannot claim an injunction against the real owner of property, and the classification of property as ancestral or self-acquired must await trial.
Injunctions cannot be granted against co-owners in partition suits; however, maintaining Status-Quo is reasonable to prevent interference during ongoing disputes.
Injunction – Court in exercise of power of granting ad interim injunction has to preserve subject matter of suit by status quo for the time being – If any alienation is made, it would be subject to d....
The main legal point established is the application of Sec. 41 of the Transfer of Property Act, the exclusion of contrary evidence, and the principles of Hindu Law regarding co-parcenary property and....
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