In proceedings for an interim injunction, the court must prioritize evidence of actual physical possession over disputes regarding title; a party demonstrating prima facie possession is entitled to protection, while title disputes must be adjudicated during the full trial.

The Court made the following:

O R D E R:

This revision petition is filed under Article 227 of the Constitution of India against the order and the decree, dated 19.01.2026, in C.M.A.No.3 of 2023 on the file of the court of Civil Judge (Senior Division) Kadiri, Ananthapuram District allowing the appeal and granting interim injunction by setting aside the order and the decree, dated 09.11.2023, dismissing I.A.No.310 of 2023 in O.S.No.209 of 2023 on the file of the Court of Principal Civil Judge (Junior Division), Kadiri filed by the plaintiffs under Order XXXIX, Rules 1 and 2 C.P.C. seeking temporary injunction restraining the respondents / defendants from interfering with the possession of the petitioners / plaintiffs over the petition schedule property of Ac.1.01 cents in S.No.198-4 of Thippepalli Revenue village, O.D.Cheruvu Mandal, Sree Sathyasai District within the following boundaries:

East : Land of Kotha Bhaskar Reddy and Narayana Reddy and well;

West: Land of Ganta Venkataramana;

North: Land of Ganta Venkataramana and another;

South: Voni Rasta.

The plaintiffs Ganta Anand and Ganta Sreenivasulu filed suit against the defendants Kotha Bhaskar Reddy, Kotha Bhargava Reddy, Kotha Narapa Reddy, Kotha Jagadeep Reddy and Untla Thirupal Reddy.

2. The case of the plaintiffs, is briefly, as follows:

a. Originally, the plaint schedule property is the joint family property of Yeddula Narappa @ Narapa Reddy and his brother Yeddula Narasimhulu @ Narasimha Reddy. Both the brothers and their wives died. The Ac.0.50 ½ cents share of Yeddula Narappa devolved on his son Yeddula Narayana Reddy. The other half share of the property of Ac.0.50 ½ cents of Yeddula Narasimhulu was devolved on his two daughters Aswarthamma and Lakshminarasamma. Their half share and other properties were sold to the plaintiffs and their brother Ganta Venkataramana under a registered sale deed dated 29.01.1997. Y.Narayana Reddy and his sons Y.Ramaswamy Reddy and Y.Narasimha Reddy, both being minors represented by their father, sold their land of Ac.0.50 ½ cents and other properties to the plaintiffs and their brother Ganta Venkataramana under a registered sale deed dated 29.01.1997. Thus, the whole plaint schedule property was purchased by them and they were in peaceful possession and enjoyment of the same till they got divided it orally about 15 years ago. In the said partition, the plaintiffs are the plaint schedule properties and other properties, whereas their brother got the other properties. Later, entries in the revenue records were mutated in the names of the plaintiffs. Pattadar pass books and title deeds were issued to the plaintiffs. The Government also sanctioned input subsidy and crop insurance and supplied subsidy seeds to the plaintiffs. The plaintiff No.1 obtained crop loan from Andhra Pragathi Grameena Bank, O.D.Cheruvu by depositing relevant records. Similarly, the plaintiff No.2 also obtained crop loan from the State Bank of India, O.D.Cheruvu by depositing relevant records. They spent huge amount and hard labour to make the suit schedule property fertile land. They also dug a bore land and installed electrical pump set and also submersible motor in the well and doing cultivation with such water resource. The defendants are neighbours. They developed evil eye against the plaintiffs. The defendants are trying to create several troubles and cause damage to the crop of the plaintiffs. They are also creating false, nominal, sham and collusive documents in their names without having any right over the property. There are some misunderstandings between the plaintiffs and the defendants for the past several years. Taking advantage of the weakness of the plaintiffs, the defendants are trying to interfere with the peaceful possession and enjoyment of the plaintiffs over the plaint schedule property. The defendants are powerful and influential in the village. They often lodge false complaints before the police