THE HON’BLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No.3951 of 2024

ORDER:

Heard Sri. K.V.Janardhan Rao, learned counsel for the revision petitioner and Sri.N.M.Krishnaiah, learned counsel for the respondent. Perused the record.

2. This Civil Revision Petition is preferred aggrieved by the order dated 13.11.2024 in C.M.A. No.08 of 2024 passed by the learned VI Additional District Judge, Ranga Reddy District at Kukatpally, (for short, ‘the Appellate Court’), wherein, the C.M.A. is filed challenging the dismissal order dated 15.03.2024 in I.A. No. 588 of 2023 in O.S. No. 480 of 2023 on the file of learned Principal Junior Civil Judge-cum-VIII Additional Metropolitan Magistrate, Ranga Reddy District, Kukatpally, (for short, ‘the Trial Court’) filed under Order XXXIX Rule 1 and 2 of the CPC seeking temporary injunction against the defendant and his agents from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property, has been dismissed.

3. The revision petitioner is the defendant and the respondent is the plaintiff before the Trial Court. For the sake of convenience, hereinafter, the parties will be referred to as arrayed before the Trial Court in O.S. No. 480 of 2023.

4. The brief facts of the case are that the plaintiff filed a suit in O.S. No. 480 of 2023 for perpetual injunction with respect to the suit schedule property consisting of plot Nos.154, 155, 172 and 173, each plot admeasuring 150 sq. yards., in Block No.111, in southern part land in Survey No.78 (i.e., 78-B, as per internal division), total admeasuring 600 sq. yards, having plinth area of 100 sq. feet ACC, situated at Hafeezpet village, Serilingampally Mandal, Ranga Reddy District. The plaintiff claims to be the absolute owner and possessor of the suit schedule property having purchased the same from M/s. Cyrus Investment Limited, represented by its GPA holder namely Dr. P.S.Prasad vide GPA No.543 of 1996 represented by his SPA holder namely P.V.S. Sarma under registered sale deeds document bearing Nos.508 of 2015 and 506 of 2015 dated 31.07.2014. The land in Survey No. 78 of Hafeezpet village is subject matter of C.S. No.14 of 1958 before the High Court of Andhra Pradesh and in the final decree, the plaintiff’s vendor got land in Survey No.78 of Hafeezpet village and was delivered with vacant physical possession. The plaintiff raised compound wall surrounding the suit schedule property to protect it from land grabbers. Temporary room was constructed for the purpose of usage by watchman and also to protect the suit schedule property. Taking advantage of the plaintiff’s absence, the defendant started illegal attempts to occupy the suit schedule property and the same were time and again restrained by the watchman. When the defendant tried to occupy the suit schedule property with the help of anti-social elements on 27.11.2021, the said attempts were restrained and the suit for perpetual injunction is filed. Along with the suit, I.A. No. 588 of 2023 was filed seeking temporary injunction to restrain the defendant from causing interference with the possession of the plaintiff over the suit schedule property. The defendant opposed the I.A. alleging that the plaintiff did not approach the Court with clean hands as there are complicated litigations which are not reported and there is no information as to on what basis the possession of land in Survey No.78 of Hafeezpet was delivered to the plaintiff in final decree in C.S. No. 14 of 1958. No evidence is filed by the plaintiff to prove his possession over the suit schedule property. The defendant is paying the electricity bills for plot Nos.1508 and 1511 in Survey No.78 which were purchased by him under a notarized agreement of sale dated 22.12.2005. There was no final lay out for the land in Survey No.78. The plaintiff made attempts to occupy the plot Nos.1508 and 1511 in Survey No.78 with the help of his friends and therefore, a suit in O.S. No. 388 of 2019 is filed