The Hon’ble Sri Justice J.Sreenivas Rao Civil Revision Petition No.2588 of 2025

Order:

This Civil Revision Petition has been filed aggrieved by the order, dated 10.06.2025, passed by the learned Sub-Divisional Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam, (hereinafter referred to as ‘learned Sub- Divisional Magistrate’) in I.A.No.1 of 2022 in O.S.No.1 of 2022, where under temporary injunction application filed by the petitioner/plaintiff was dismissed.

2. Heard Mr. T.Vasantha Rao, learned counsel for the petitioner and Mr. Dannana Tharun Kumar, learned counsel for respondent.

3. For the sake of convenience, the parties herein are referred to as they were arrayed by the Sub-Divisional magistrate.

4. The facts giving rise to filing of this civil revision petition, in brief, are that the plaintiff filed suit in O.S.No.1 of 2022 for grant of perpetual injunction restraining the defendant from interfering with the suit schedule property i.e. house bearing No.4-124 located in 330 square yards situated at Laxmidevipalli Village and Mandal, Bhadradri Kothagudem District. Along with the suit, the plaintiff filed I.A.No.1 of 2022 for grant of temporary injunction.

5. In the said suit, the plaintiff stated that she purchased the suit property from Kalasani Naramma w/o Venkateswarlu through sale deed, dated 27.11.2019, by paying valuable sale consideration and since then she has been in possession and enjoyment of the said property. The defendant without having any manner of right tried to interfere with the suit schedule property. Initially learned Sub-Divisional Magistrate granted ‘status quo’ in I.A. No.1 of 2022 on 15.03.2022. Thereafter, the said I.A. was allowed on 25.04.2023. Aggrieved by the above said order, the defendant had approached this Court and filed C.R.P. No.957 of 2024 and this Court while setting aside the order, dated 25.04.2023, remanded the matter to the trial Court for fresh consideration and further directed the trial Court to consider the status report if any filed by the Secretary, Gram Panchayat, Chathakonda and pass appropriate orders in accordance with law after giving opportunity to both the parties, by its order, dated 26.09.2024. Thereafter, the learned Sub-Divisional Magistrate dismissed the I.A. No.1 of 2022 on 10.06.2025. Hence, the plaintiff filed the present Civil Revision Petition.

6.1 Learned counsel for the petitioner submitted that the plaintiff had purchased the property through sada sale deed dated 27.11.2019 from the rightful owner by paying entire sale consideration and since then she has been in possession of the same and the defendant is not having any manner of right over the suit schedule property. Even according to the averments made in the counter affidavit in I.A.No.1 of 2022, the defendant is claiming right in respect of house bearing No.4-126, whereas the plaintiff is claiming rights in respect of house bearing No.4-124. In spite of the same, the Court below without properly considering the contentions raised by the plaintiff and the averments made in the affidavit filed in support of the application in I.A.No.1 of 2022 and the counter affidavit filed by the defendant, passed the impugned order.

6.2 He further submitted that the Panchayat Secretary, Laxmidevipalli Gram Panchayat furnished the information through letter dated 24.02.2025 to the Sub-Divisional Magistrate, wherein it is mentioned that house bearing No.4-124 stands in the name of Kalasani Venkateswarlu and house tax was paying regularly to the said house and also stated that the plaintiff has made an application to mutate her name in the Gram Panchayat records on the ground that she had purchased the property and the said application is pending.

6.3 He also submitted that the learned Sub-Divisional Magistrate without giving any reasons and without marking the documents as exhibits, dismissed the application stating that the petitioner failed to establish her prima facie case and balance of c