THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL REVISION PETITION Nos.211 and 276 of 2025

COMMON ORDER:

C.R.P.No.211 of 2025 is filed by revision petitioner aggrieved by the order, dated 17.12.2024, in C.M.A.No.9 of 2024 on the file of learned Principal District Judge, Jangaon, wherein the C.M.A. was dismissed, confirming the order, dated 19.08.2024, in I.A.No.972 of 2022 in O.S.No.1449 of 2022 passed by learned Principal Junior Civil Judge, Jangaon.

2. C.R.P.No.276 of 2025 is filed by revision petitioner aggrieved by the order, dated 17.12.2024, in C.M.A.No.10 of 2024 on the file of learned Principal District Judge, Jangaon, wherein, the C.M.A. was dismissed, confirming the order, dated 19.08.2024, in I.A.No.971 of 2022 in O.S.No.1447 of 2022 passed by learned Principal Junior Civil Judge, Jangaon.

3. Heard Sri C.M.R.Velu, learned counsel for revision petitioner and Sri Ashok Reddy Kanathala, learned counsel for respondent in both the civil revision petitions.

4. Both the civil revision petitions arise out of the same issue/matter, they are being heard together. Facts in C.R.P.No.211 of 2025 are being considered.

5. Suit bearing O.S.No.1449 of 2022 is filed in the Court of Principal Junior Civil Judge at Jangaon for perpetual injunction. Plaintiff in the suit is the revision petitioner herein. She claims that her husband acquired the property by way of a registered sale deed bearing No.50 of 2014, dated 04.01.2014. That she is the owner and possessor of house plot admeasuring 200 sq. yds at Venkanna Kunta. That revision petitioner acquired the property through gift settlement deed bearing No.3492/2015, dated 22.05.2015, regularized the said property in municipal records No.G- 1/LRS-969/2016, dated 08.09.2016 and raised compound wall. That a building permit order No.41111/JANG/0334/ 2021, dated 17.05.2021, was issued for the plot carved out of Sy.No.122/1/1.

6. Respondent is defendant in the suit. Respondent claims that he is the absolute owner and possessor of land in Survey No.122/1 admeasuring 586.66 sq. yds purchased vide registered sale deed document bearing No.2056 of 2010, dated 26.03.2010 and that he constructed the compound wall around the suit schedule property and is in peaceful possession and enjoyment. That the husband of the revision petitioner/plaintiff malafidely, deliberately, intentionally and illegally executed the gift settlement deed in respect of the land in Survey No.122/1/1 admeasuring an extent of 200 sq. yds, that there was no mention of plot numbers. Respondent/ defendant further states that he has mortgaged the suit schedule property in favour of Indian Overseas Bank vide registered document No.2083/2014, dated 09.04.2014 by depositing the said title deed. The registered mortgage deed is filed before the Court. For non-payment of mortgage amount, notices were issued, a paper publication was also issued in various newspapers and Bank took possession of the property on 08.06.2015, the property is in the custody of the Bank.

7. Meanwhile, I.A.No.972 of 2022 came to be filed by revision petitioner i.e., plaintiff in the suit. I.A.No.972 of 2022 is filed with a prayer to grant temporary injunction and the Principal Junior Civil Judge, Jangaon, having considered the exhibits marked for petitioner i.e., Exs.P1 to P20 and exhibits marked for respondent Exs.R1 to R8, by order dated

19.08.2024, held as follows:

“19. The contentions of both sides disclose that there are complicated questions of title involved and admittedly both are claiming property through the children of late Sri Naragoni Balaiah. As this is a suit for simple injunction that too as this is an application for temporary injunction, it is not permissible to go into the complicated questions of title of parties and record any finding. As this is an application for grant of temporary injunction the only thing to be seen is, as to who among the parties is in possession of the property in dispute as on the date of filing the suit and the title of the p