An appellate order is unsustainable if it frames points unrelated to the impugned order and relies on documents not marked in the trial court, necessitating a remand for fresh adjudication.

Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to present this Memorandum of Grounds of Civil Revision Petition under Article 227 of the Constitution of India before this Hon'ble Court being aggrieved by the orders made in CMA.No.10 of 2023 on the file of I Addl. District Judge, Guntur District dated 22.12.2023 in I.A.No.294 of 2023 in O.S.No.529 of 2023 on the file of II Addl. Junior Civil Judge, Guntur

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant ad interim injunction by suspending the order in CMA.No.10 of 2023 on the file of 1 Addl. District Judge, Guntur District dated 22.12.2023 in I.A.No.294 of 2023 in O.S.No.529 of 2023 on the file of II Addl. Junior Civil Judge, Guntur, pending disposal of the C.R.P.No. of 2024 and to pass

The court made the following order:

1. The present civil revision petition is filed being aggrieved by orders dated 22.12.2023 in C.M.A.No.10 of 2023 confirming the orders passed in I.A.No.294/2023 in O.S.No.529/2023 on the file of learned I Addl. District Judge, Guntur.

2. The facts that led to filing of the present Civil Revision Petition are that:

The petitioner is the plaintiff and respondents are the defendants in the suit filed for permanent injunction vide O.S.No.529/2023. In the said suit, petitioner/plaintiff filed I.A.No.294/2023 for temporary injunction. The said application was dismissed upon the counters filed by the respondents. Assailing the said dismissal order, the petitioner filed C.M.A.No.10/2023 which was also dismissed under its order dated 22.12.2023. Aggrieved by the said orders, the present revision petition came to be filed.

3. Heard Sri M.K.Raj Kumar, learned counsel for the petitioner, Sri M.S.S.Swayam Prakash, learned counsel representing Ms D.Sattaru Rajani, learned counsel for the respondent nos.1 & 2 and Sri Nagaraju Pullagura, learned counsel for the 3rd respondent.

4. Learned counsel for the petitioner in elaboration to what has been stated in the grounds of revision, contents of the affidavit filed in support of the interlocutory application filed before the court below and the grounds of CMA contended that, both the courts (trial court and appellate court) failed to see the purport of the Order 39 Rule 1 & 2 in right perspective. He further submitted that, though the plaintiff/petitioner satisfied the three ingredients (i.e., prima facie case, balance of convenience and irreparable loss and hardship) that are required for granting of temporary injunction, the court below did not grant any injunction. He further submitted that, initially ad- interim injunction has been granted but after filing of counter, the trial court has vacated the ad-interim injunction and dismissed the temporary injunction, without addressing or answering the lease deed relied by the plaintiff. He further submitted that, despite raising several grounds, the appellate court had dismissed the appeal and that, the points framed by the appellate court are not related to the grounds of the appeal. He further submitted that, the points made for consideration by the appellate court is with regard to the order dated 11.09.2017 whereas the order impugned before the appellate court is of the dated 20.07.2023 passed by the trial court in I.A.No.294/2023. He further submitted that, even according to the 3rd defendant, the petitioner is in the possession of the subject property, as such, without considering the facts and circumstances of the case in a right perspective, both the courts have dismissed the applications very casually. If the temporary injunction is not granted, the petitioner will be thrown out of the subject property and the purpose of filing the suit will be frustrated, as such prayed to allow the revision by allowing the I.A.No.294/