Back
IN THE HIGH COURT OF TELANGANA
T.Vinod Kumar, P.Sree Sudha
L. Yadi Reddy – Appellant
Versus
Ananth Saraogi – Respondent
JUDGMENT :
P. Sree Sudha, J.
This Civil Miscellaneous Appeal is filed against the Order dated 28.11.2024 in I.A.No.423 of 2024 in O.S.No.364 of 2024 passed by the learned XI-Additional District and Sessions Judge, Ranga Reddy District, at L.B.Nagar, Hyderabad.
2. Respondents/plaintiffs have filed an application vide I.A.No.423 of 2024 in O.S.No.364 of 2024, against the appellants/defendants, for granting of ad-interim injunction restraining the appellants/defendants and their men from interfering with their peaceful possession and enjoyment over the petition ‘B’ schedule property, pending disposal of the suit. The trial Court after considering the arguments of both sides and also the evidence on record, allowed the application. Aggrieved by the said Order, respondents therein/appellants preferred the present Civil Miscellaneous Appeal.
3. The learned Counsel for the appellants/defendants mainly contended that respondents/plaintiffs have filed the suit for partition and separate possession, as such the question of granting injunction in their favour does not arise. The trial Court has wrongly concluded the entries made in the revenue records as family division (Kutumba Vibhajana) under
Injunctions cannot be granted against co-owners in partition suits; however, maintaining Status-Quo is reasonable to prevent interference during ongoing disputes.
A plaintiff with clear title and possession can seek an injunction against interference, even in the face of disputed title, provided they substantiate their claims with appropriate evidence.
The grant of temporary injunction is a discretionary remedy and must be based on a prima facie case, balance of convenience, and irreparable injury. The possession of the plaintiffs over the suit lan....
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
Ownership rights cannot exceed what is originally conveyed in property transactions, substantiating claims requires clear and convincing evidence.
In claims for permanent injunction, the plaintiff must sufficiently prove exact boundaries of the property in dispute; failure to do so results in dismissal of the suit.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
