The court emphasized that without evidence of a partition deed, parties remain joint owners, and injunctions are justified to prevent prejudice pending adjudication.

JUDGMENT :

N.Tukaramji, J.

We have heard Sri Vedula Srinivas, learned Senior Counsel, on behalf of Sri Thakur Nitender Singh, learned counsel for the appellant/petitioner, Sri A.Venkatesh, learned Senior Counsel, on behalf of Sri M.S.Achyuth Bharatwaj, learned counsel for the respondent No.1 and Ms.Bhagya Laxmi Rathor, respondent No.2 appeared as party-in-person.

2. C.M.A.No.474 of 2022 has been filed challenging the order dated 22.08.2022 in I.A.No.548 of 2021 and C.M.A.No.478 of 2022 has been directed against the order dated 22.08.2022 in I.A.No.545 of 2021 in O.S.No.73 of 2021. Both these Interlocutory Applications were adjudged by a common order dated 22.08.2022, passed by the learned III Additional District Judge, FAC IV Additional District Judge, Sangareddy.

3. The impugned order being common and prayers in the Interlocutory Applications being similar, both the appeals are heard together and are being decided by this common order.

4. The appellant/plaintiff, who is sister of the respondents/defendants filed the suit vide O.S.No.73 of 2021 seeking partition and separate possession of agricultural land admeasuring Ac.6-00 gts., in Sy.Nos.1007, 1010, 1011 and 1012, situated at Ameenpur Village, Sangareddy District (hereinafter be referred to as ‘the suit schedule property’).

5.(i) Briefly stated the relevant facts are that, the suit schedule property and other properties are originally owned by one C.D.Dhankoti Mudaliar and after his demise, the properties were devolved on his three sons. One among them is the father of the appellant, respondents and four brothers.

5.(ii) Previously, a suit vide O.S.No.219 of 1982, on the file of the learned Additional Chief Judge, City Civil Court, Hyderabad, was filed by C.J.Shyam Sundar Mudaliar, who is brother of the appellant/plaintiff, against his father and paternal uncles namely C.D.Jayaram Mudaliar, C.D.Hemanth and C.D.Ramchander seeking partition of house and agricultural properties shown in suit schedule ‘A’ to ‘C’ properties, wherein a preliminary decree was passed on settlement and the properties were shared among themselves, wherein ‘C’ schedule agricultural land was partitioned among the father of the appellant, who was defendant No.1, defendant Nos.2 and 7, the plaintiff and defendant No.3 therein in 20:20:26.66:33.34 and accordingly, the shares were distributed. As the father of the appellant died, the other sons, appellant and defendants were brought on record as respondents. Thereafter, a final decree was passed on 08.04.2008 and delivery of possession of the respective shares took place upon the legal heirs of the deceased parties and the appellant, respondents and the brothers got Ac.14-00 gts., in the suit ‘C’ Schedule agricultural land. Out of it, four brothers of the appellant were allotted Ac.8-00 gts., and the appellant and respondents herein were given Ac.6-00 gts.

5.(iii) Subsequently, the sisters of the appellant i.e. respondents filed writ petitions before this Court seeking direction to the revenue authorities to mutate their names in respect of the land fell to their respective shares. On the directions in the Writ Petitions, the portion up to the extent of Ac.2-00 gts., was mutated in the names of respondent Nos.1 and 2.

6. The appellant’s contention is that, there was no partition of the suit schedule property, inter se between herself and respondents and filed the suit seeking partition. Wherein filed I.A.No.545 of 2021 seeking relief of temporary injunction against the respondents from alienating, transferring or otherwise encumbering the suit schedule property pending disposal of the suit and I.A.No.548 of 2021 seeking temporary injunction against the respondents from altering the nature of the suit schedule property by raising constructions, pending the suit.

7. Before the trial Court, the respondents contested that after passing a final decree, there was family settlement/partition of the properties assigning respective shares in June, 2009. Basing on it, the re