HON’BLE SMT.JUSTICE M.G.PRIYADARSINI CIVIL REVISION PETITION No.890 of 2024

ORDER:

1. The present Civil Revision Petition is filed by petitioners/Defendant Nos.3 & 4 aggrieved by the action of the Court of III Additional Junior Civil Judge, Sangareddy, in not deciding and disposing I.A.No.485 of 2022 in O.S.No.1262 of 2022, filed by Respondent No.1/Plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 of C.P.C. seeking ad-interim injunction restraining the petitioners herein/defendants therein from alienating, transferring, mortgaging or creating any charge over the suit schedule land in favour of third parties.

2. The brief facts of the case are that, originally, the defendant No.1 had purchased land to an extent of Ac.2-09 guntas, situated in Sy.No.29/E of Kothlapur Village, Sangareddy Mandal and District from the plaintiff and his three brothers vide Doc.No.2454 of 1998, dated 15.07.1998, which includes the suit schedule property. Subsequently, defendant No.1 in turn sold the said total extent of land admeasuring Ac.0.22 guntas in Sy.No.29/E1; land admeasuring Ac.0.22 guntas in Sy.No.29/E2; land admeasuring Ac.0.21 guntas in Sy.No.29/E3 and land admeasuring Ac.0.21 guntas in Sy.No.29/E4, in favour of Defendant No.2 through a registered Sale deed bearing Doc.No.1904 of 2010, dated

10.03.2010. Defendant No.2 along with three other persons had executed a registered Development Agreement –cum-General Power of Attorney vide Doc.No.20461 of 2022, dated 31.05.2022 at SRO, Sangareddy in favour of M/s.MSR Infra Projects, a partnership firm owned by the petitioners in respect of the said total extent of land admeasuring Ac.2.06 guntas in Sy.No.Part, which also includes the suit schedule property admeasuring Ac.0.21 guntas. The said MSR Infra Projects had also obtained other Development Agreement cumGeneral Power of Attorneys for a total extent of Ac.33.00 guntas from various owners of adjacent lands and in pursuance thereof, they also obtained necessary permission from HMDA for developing the said total extent of land into residential plots vide Layout permit No.000054/LO/Plg/HMDA/2020, dated 04.06.2020 for an extent of 1,32,632.56 Sq.mets in Sy.Nos.19P, 21P, 27P, 28P & 29P situated at Kothlapur village, Sangareddy Mandal and District. Subsequently the said Infra projects developed the said extent of land into residential plots by completing 80% of works by laying roads, overhead tanks, drinking water/electrical/drainage lines, avenue plantation etc.

3. Respondent No.1/plaintiff, who is fully aware of the said development of the project made by the petitioners herein, had approached the trial court and filed a suit in O.S.No.1262 of 2022, on the file of the Court of III Additional Junior Civil Judge, Sangareddy against the defendants/petitioners herein, seeking declaration of title, recovery of possession, correction of revenue records and consequential relief of injunction in respect of suit schedule land to an extent of Ac.0.21 guntas, situated in Sy.No.29/E4 of Kothlapur Village, Sangareddy District. Along with the suit, the plaintiff also filed an Interlocutory Application vide I.A.No.485 of 2022 in O.S.No.1262 of 2022 under Order XXXIX Rules 1 & 2 r/w. Section 151 of CPC seeking ad-interim injunction over the suit schedule property. The learned trial Court, before issuing notices and without hearing the defendants in the suit, straightaway granted exparte ad-interim injunction order on

04.07.2022 till disposal of the suit which reads as follows:-

“Upon motion made unto this Court by Sri B.Kishan Rao, Advocate for the petitioner/plaintiff, upon perusing the contents of counter affidavit filed in support of the petition, pleadings of plaint and the documents filed in support there of and after hearing the arguments of the said counsel, this Court mandatory ad-interim injunction restraining the respondents from alienating, transferring, mortgaging or creating any charge over the suit schedule land in favour of third parties, til