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IN THE HIGH COURT OF TELANGANA
LAXMI NARAYANA ALISHETTY
Madhu Appala – Appellant
Versus
Bhagyanagar Co-Op. Credit Society Ltd. – Respondent
ORDER :
(LAXMI NARAYANA ALISHETTY, J.)
This Civil Revision Petition is filed assailing the order dated 05.06.2024 passed by the II Additional District Judge, Medchal-Malkajgiri District at Medchal in CMA.No.20 of 2023.
2. Heard Sri Vijay B.Paropkari, learned counsel for revision petitioners and Smt Sarampally Mrudula, learned counsel for respondents.
3. The revision petitioners are defendants and respondents herein are plaintiffs in the suit. For convenience, hereinafter the parties will be referred to as they are arrayed in the suit.
4. The facts of the case, shorn off unnecessary details, are that the plaintiffs filed suit in OS.No.107 of 2019 on the file of the Additional Senior Civil Judge, Medchal-Malkajgiri for perpetual injunction in respect of open Plot bearing No.13 admeasuring 593 square yards in Sy.Nos.157 to 162, 175, 176 & 177/A situated at Suraram Village, Quthbullapur Mandal, Medchal-Malkajgiri District. In the said suit, the plaintiffs also filed an application in I.A.No.379 of 2019 for temporary injunction and initially, the trial Court granted ad-interim injunction in favour of the plaintiffs vide order dated 27.04.2023. Aggrieved by the same, the defendants preferred
Section 144 CPC applies to interlocutory orders, allowing restitution of possession based on established prima facie title.
An order passed under Section 144 of CPC is a decree and therefore an appeal lies against it under Section 96 of CPC. A revision petition under Article 227 of the Constitution of India is not maintai....
Possession can be restored under Section 144 CPC even if the main suit's title question remains unresolved.
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.
A decree based on admissions under Order 12 Rule 6 CPC can only be granted where admissions are clear and unequivocal; contentious issues of title and possession necessitate thorough evidence and fra....
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