JUDGMENT:

(per the Hon’ble Sri Justice P.SAM KOSHY)

Heard Sri B.Venkateswara Rao, learned counsel representing Sri M.V.Durga Prasad, learned counsel for the appellants and perused the record.

2. The present Civil Miscellaneous Appeal has been filed under Order XXXXIII Rule 1 of C.P.C., assailing the order dated 13.12.2023 in I.A.No.1395 of 2021 in O.S.No.303 of 2021 passed by the learned VI Additional District Judge, Ranga Reddy District at Kukatpally.

3. The appeal is preferred by the appellants- plaintiffs against vacating of ad interim injunction granted on 18.12.2021 and dismissing I.A.No.1395 of 2021, which was an application filed under Order XXXIX Rules 1 and 2 read with Section 151 of C.P.C. The appellants-plaintiffs have filed a suit in O.S.No.303 of 2021 on the file of learned VI Additional District Judge, Ranga Reddy District at Kukatpally, for partition and separate possession in respect of suit schedule property measuring Acs.2-27 guntas in Survey No.169/AA of Kondapur Village, Serilingampally Mandal, Ranga Reddy District.

4. Initially, along with Suit, the appellants-plaintiffs also moved an Interlocutory Application for grant of injunction and the trial Court vide its order dated 18.12.2021 granted ad interim injunction. Subsequently, the respondents-defendants entered appearance and filed their counter and written statement along with vacate stay petition seeking to vacate ad interim injunction granted on 18.12.2021. The trial Court after hearing both sides, while dismissing the application in I.A.No.1395 of 2021 filed under Order XXXIX Rules 1 and 2 CPC filed by the appellants-plaintiffs, vacated ad interim injunction granted on 18.12.2021.

5. The factual matrix of the case is that the appellants-plaintiffs are three daughters born to Sri Buyya Achaiah and they are claiming their share in the ancestral property in Survey No.169 i.e., suit schedule property contending that the entire land, in fact, was inherited by their father Sri B.Achaiah from his ancestors.

6. According to the appellants-plaintiffs, they have an equal share in Ac.2-27 guntas of suit schedule property. However, a perusal of the record would show that the father of the appellants-plaintiffs late B.Achaiah along with respondents-defendant Nos.2 and 3, two sons of B.Achaiah i.e., brothers of the appellants- plaintiffs had sold Ac. 0- 38 guntas of land vide registered Sale Deed that was executed on 11.01.2022 and it was sold to respondent No.4. The said Sale Deed was executed for the land to an extent of Ac.0-38 guntas in the suit schedule property located in Survey No.169. As per Sale Deed, the suit schedule property was clearly identified and it was reflected that Northern portion of land was road, Southern portion of land was neighbours' lands, East portion of land was part of Survey No.169 of Kondapur Village and West portion of land was part of Survey No.169 of Kondapur Village.

7. The contention of respondent No.4 is that he had purchased the property in the year 2002 and entered into a Development Agreement with respondent No.5 and development activities in the suit schedule property began. It is then the appellants-plaintiffs woke up suddenly and filed a suit for partition seeking for ad interim injunction in respect of any development activities on the suit schedule properties and also seeking temporary injunction to restraint upon the respondents- defendants from altering or changing the nature of the suit schedule property.

8. Initially ad interim injunction was granted on 18.12.2021, which now stands vacated and I.A. for temporary injunction was dismissed vide impugned order dated 13.12.2023.

9. Learned counsel for the appellants-plaintiffs contended that the Sale Deed executed by their father and two brothers in the year 2002 is without their knowledge. That they have been kept in dark all these years and therefore, the said Sale Deed is one which has been executed by playing fraud upon the appellants-plaintiffs. Further, it was also the co