A party is entitled to an injunction to restrain obstruction of a common passage if they can establish a prima facie case, balance of convenience, and irreparable injury.

Headnote:
[KEYWORD] - [SUBJECT] - [SUMMARY]
Fact of the Case:

The petitioners and respondents entered into an agreement of sale to sell the entire property. However, the sale deed was executed only by respondents 2 to 12 in favor of the petitioners to the extent of their share as described in the plaint schedule "A" property, leaving the schedule "B" property of the 1st respondent. However, it included common passage, i.e., plaint schedule C' property.
Finding of the Court:

The Court found that the 1st respondent had made out a prima facie case, established balance of convenience, and also established that if injunction is not granted, grave prejudice and irreparable injury would be caused.
Issues: Whether the 1st respondent was entitled to an injunction restraining the petitioners from obstructing the common passage.
Ratio Decidendi: The Court held that the terms of the partition deed disclosed that possession vested in the respective parties to the deed, including the 1st respondent, and that all the sharers were entitled to enjoy the common area.
Final Decision: The Court dismissed the Civil Revision Petition and upheld the injunction granted by the lower courts.

IN THE HIGH COURTFOR THE STATE OF TELANGANA AT HYDERAAAD FRIDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO CIVIL REVISION PETITION NO: 1940 OF 2022 This Civil Revision Petition under Arlide 227 of ttrc Constitution of lndia against the Order made in CMA 4712022 dated 11/08/2022 on lhe file of the Court of the XXVI Additional Chief Judge, City Civil Court, Hyderabad whictr was prefened against the order dated 04.04.2022 passed in l.A.No. 8412!22 in O.S.No. 5481m22 on the file of Vlll Junior Civil Judge, City Civil Court, Hyderabad.

Between:

1. Mir Mohammed All Khan, Son of Mir Jahangir All Khan, Occupation.

Business, aged about, 46 years, Rl/o. H-No,16-2-841, Ameen Colony, Saidabad, Hyderabad, Telangana - 500 059.

2. Mohammed Shabbir Bhojani, Son of Late Mohammed Siddiq, Occupation Business R/o. H. No 22-3-4801482, Kaman Elaichi Baig, Mir-Alam-Mandi, Hyderabad, Telanagna - 500 0002.

...PETITIONERS/APPETLANTS/

RESPONDENTS NO.I & 2/

DEFENDANTSNO. 1&2 AND .

1 Haya Ahmed Lahmadi, Wife of Saleh Bin All and daughter of Ahmed Bin Saleh Lahmadi, aged About 83 Years Occupation. Household, Represented by h€r Attorney Saleh Bin Ali, Son of AliSin Saleh, Resident in Portion of 22-

8-28 to 36,Chatla Baza(, Hyderabad.

.RESPONDENT NO.1/ RESPONDENT NO.1/

PETITIONER/PLAINTIFF

Sultan Ahmed Lahmadi, Son of Late Ahmed Bin Salah Lahmadi, Occupation Eusiness, Rt/o. H. l'lo. 22-8-32. Chatta Bazar, Hyderabad.

3. Salah Bin Ahmed Lahmadi, Son of Late Ahrned Bin Salah Lahrndi, Occupation. Business, Rl/o. H.No.22-8-32, Chafra Bazar, Hyderabad-

Azizah Ahmed Lahmadi, Daugffier of Late Ahmed Bin Salah Lahmadi and wife of Late Hassan Bin Saif, Occupation. Household, R/o. H.No.22-8-32, Chatta Bazar, Hyderabad.

5. Qamar Fatima, Daughter of Late Ahrned Bin Salah Lahmadi, and wife of Shabbir Ahmed, Occupation Ftrcusehold, R/o. H.tt&c.22-8-36, Chatta Bazar, Hyderabad.

6. Noor Ahmed Lahmadi, Daughter of Late Ahmed Bin Salal-r -ahmadi and wife of Mohamm( d Ali Khan, Occupation. Household, Rl/o. H. \r-,.8-11-22711N16, Banjara Hills Road No.2, Hyderabad.

7- Ayesha Ahm ad Lahmadi, Daughter of Late Ahmed Bin S al;:rh Lahmadi and wife of Amar Bin Saleh, Occupation. Household, R/o. H.t{o 19-2-21123122, pr, Basharth Na Hyderabad.

8. Ramzi Saee I Awadh, Son of Saeed Awadh,Occupation: Privale Service 9. Laila Saeed Awadh, Daughter of Saeed Awadh,Occupat orr: Household.

10. Rim Saeed / \wadh, Daughter of Saeed Awadh,Occupati,rn Household

1 1 . Wardah Sa€ sd Awadh, Daughter of SAEED AWADH, Q,;4qp6ti66.

Household. r8 to 11 all are Represented by Salah Bin Atrmed l-ahmadi, son of Late Ahmed Bin Lahmadi, R/o- H.No.22-8-32, Chatta Bazerr, Hyderabad

12. Soghra Ahn ed Lahmadi, Daughter of late Ahmed Bin S;rleh Lahmadi, Wife of Abdullah Mc hammed Bin Hashlan, Presently Abroad be,nq represented Salah Bin Ahmed Lahmadi, son of Late Ahmed Bin Salah LahrraCi, Occupation.

Business, R lsident of H-No.22-8-32, Chatta Bazar, Hydr:r;rbad)

(Responden :s No. 2 to 12 are Proforma Parties And not necessary Parties in this CRP)

...RESP()NDENTS No.2 to 12l RESPOI\DENTS NO.2 TO 12y RESPOTIDEN]'S NO.3 TO 13/

DEFEI{OANTS NO. 3 TO 13 t.A.NO zz

1 Petition un(er Section 15.i oi CPC praying that in the ci-curnstances stated in the Memorandu n of Grounds of Criminal Revision Casc, t,re' Hi(th Court may be pleased to susper d the Order Dated 11-08-2022 in C.M.A.tl,: 47 of 2022 passed by the Court of the Hon'ble XXVI Additional Chief Judge, rlity Civil Court, at Hyderabad, pendi lg determination of present Civil Revision ltretiticn; and may be pleased to pass { uch other order or orders as this Hon'ble (;ourt deems fit and necessary, in the nterest of justice and fair play.

lA NO: 2 OF 2022 Petition un ler Section 151 of CPC praying that tht: tligh Court may be pleased to stay tlre operation and execution of order and l]ecreetal order dated O4lO4l2O22 in l.A No. 84 of 2022 in O.S.No. 548 ot 2022 pa-ssed by the Court of \'lll the Honourable Junior Civil Judge, City Civil

Click Here to Read the rest of this document