A plaintiff must substantiate claims of imminent harm with clear evidence to warrant a temporary injunction against interference with possession, recognizing the rights of defendants to survey their properties.

ORDER :

(B. VIJAYSEN REDDY, J.)

This civil revision petition is filed by the petitioner aggrieved by the order dated 10.02.2025 in C.M.A. No.20 of 2023 passed by the learned II Additional District Judge, Khammam (for short ‘appellate court’) affirming the order dated 01.08.2023 in I.A. No.2 of 2023 in O.S. No.759 of 2023 passed by the learned IV Additional Junior Civil Judge-cum-Special Judicial Magistrate of First Class, Mobile Court, Khammam (for short ‘trial Court’).

2. The petitioner is the plaintiff and the respondent is the defendant in the suit in O.S. No.759 of 2023 and for the sake of convenience, the parties herein are referred to as arrayed in the suit.

3. The plaintiff instituted suit in O.S. No.759 of 2023 on the file of the trial Court for grant of perpetual injunction restraining the defendant and his henchmen from interfering with his peaceful possession and enjoyment of the land admeasuring Ac.1-34 guntas in and out of Survey No.185/A and the land admeasuring Ac.1-33 guntas in and out of Survey No.185/AA, total admeasuring Acs.3-27 guntas, situated at Nerada Revenue Village, Chinthakani Mandal, Khammam District (for short ‘suit property’). It was pleaded by the plaintiff that he had inherited the suit property along with other lands from his late father long back under family partition amongst his brothers and since then, he had been in possession and enjoyment of the suit property. The plaintiff had been raising maize and cotton crop by drawing water from the borewell situated in the suit property with electricity service connection bearing USC No.38339931. The plaintiff had been issued pattadar pass book No.T26020070135 with Khata No.242 and he had been receiving money under the scheme of Rythu Bandu from the Government of Telangana.

4. It is stated that the defendant is doing finance business. The brother of the plaintiff by name Mr. Bijjala Janardhan allegedly borrowed amounts from the defendant and towards security for repayment of the said amounts, Mr. Bijjala Janardhan executed an agreement of sale-cum-general power of attorney in favour of the defendant bearing document Nos.641 of 2011 and 642 of 2011 dated 10.03.2011 in respect of the lands admeasuring Acs.4-00 guntas in Survey No.171, Ac.1-33 guntas in Survey No.185/E, Ac.1-30 guntas in Survey No.156, Acs.2-03 guntas in Survey No.157, Ac.0-25 guntas in and out of Survey No.157, Ac.0-25 guntas in Survey No.170, situated at Nerada Revenue Village, Chinthakani Mandal, Khammam District. Subsequently, being the GPA holder of Mr. Bijjala Janardhan, the defendant got registered the above said lands in his favour under registered document bearing Nos.3201 of 2011 and 3202 of 2011 dated 21.11.2011. However, the defendant had not been in possession of the said lands. Subsequently, Mr. Bijjala Janardhan died and his sons are residing in the USA. Later, the sons of Mr. Bijjala Janardhan had been in possession and enjoyment of the lands covered under the registered sale deeds bearing documents No.3201 of 2011 and 3202 of 2011 and they have leased out the said lands to a Kauldar. While so, on 12.06.2023, the plaintiff received notice from the Mandal Surveyor, Office of Tahasildar, Chinthakani to fix up and measure the land of the defendant in Survey No.185 scheduled on 16.06.2023. Immediately, the plaintiff issued legal notice to the Mandal Surveyor through his counsel and objected such survey. The Mandal Surveyor directed the defendant to approach the plaintiff and resolve the objection. The defendant, instead of resolving the objection with the plaintiff, tried to fix up the boundaries in Survey No.185 as per his whim