ORDER:

This C.R.P. is filed by the petitioners / defendants aggrieved by the order dated 24.03.2023 in C.M.A. No.23/2018 passed by the learned Special Sessions Judge for trial of cases under SC & ST cases (POA) Act – cum – XI Additional District and Sessions Judge, Visakhapatnam, allowing the C.M.A.No.23/2018 granting temporary injunction in favour of the petitioners/plaintiffs by setting aside the order in I.A.No.355/2014 in O.S.No.77/2014 passed by the learned Senior Civil Judge, Narsipatnam.

2. The factual matrix of the case is thus:

(a) The respondents / plaintiffs filed O.S.No.77/2014 and sought for interim injunction with the following averments:

The suit schedule property covered under Survey Number 275 was purchased by the plaintiffs under Two Registered Sale Deeds dated 06.01.2014 vide Document Nos.83/2014 and 84/2014 respectively for a valuable consideration from their vendor Kevin Joseph Saldana, S/o. Dominic Saidana along with other property in other survey numbers. Their vendor immediately handed over the suit schedule property to them. The suit schedule property is an agricultural land. Their vendor purchased the suit schedule land under three Registered Sale Deeds i.e., (1) Dt. 01.02.2007 (from Sabbavarapu Yellayya and others) and (2) Dt. 30.03.2007 and (3) Dt. 27.04.2007 (from Dandu Veera Venkata Satyanarayana Raju and others) vide Document Nos.305/2007; 1304/2007; and 252/2007 respectively. Ever since the purchase of the suit schedule property his vendors have been dealing with the same as their exclusive property and had been in exclusive, open, uninterrupted possession and enjoyment of and their names were mutated in the revenue records such as 1-B Register, No.3 Account and their vendors were issued with Pattadar Passbook and Title Deed by the Revenue authorities in recognition of their right and title over the schedule property. Their vendor and subsequent to the purchase, they, the plaintiffs are in peaceful possession and enjoyment of the said property to the best knowledge of all the villagers including the defendants. As they purchased the suit schedule property recently their names are not yet mutated in the revenue records. However, the petitioner is submitting the certified copy of 1-B Register and the Notary Attested Xerox Copies of the Pattadar Passbook and Title Deed standing in the name of his vendor and some of his vendors. The suit schedule property being a dry land no land revenue is being collected by the government officials. In view of the urgency of the matter they, the plaintiffs had no opportunity to obtain certified copies for the above referred Pattadar Passbooks and Title Deeds. The plaintiffs undertake to take steps to submit the originals as and when necessities.

The petitioner further averred that the defendants are cantankerous people having scant respect for law. The defendants belong to a protected community. The defendants have no right, title or possession over the suit schedule property and that there is standing casurina crop ripe for harvest in the suit schedule property. He along with his father and 2nd plaintiff on 19.04.2014 went to the suit schedule property to attend agricultural operations like weeding of bushes and shrubs therein and the defendants who are cantankerous people, having cast their evil eye on the suit schedule property and also taking advantage of their helplessness have made vain attempts to prevent them from entering into the suit schedule property and attempted to dispossess them therefrom and started troubling them in their enjoyment claiming that the defendants belong to a protected schedule caste and that nobody can do anything to them and that they would implicate them and others in false cases and thereby would grab the suit schedule property. The defendants have no right or reason to do so. They could somehow thwart the attempt of the defendants. The defendants failed in their unlawful attempt left the place while proclaiming that they will not l