THE HON’BLE SRI JUSTICE T. VINOD KUMAR CIVIL REVISION PETITION No. 3659 of 2023

ORDER

The present Civil Revision Petition is preferred against the order dated 19.10.2023 in CMA No. 22 of 2023 passed by the Principal District and Sessions Judge, Medchal-Malkajgiri District, at Malkajgiri (for short ‘Appellate Court’) filed against the order dated. 24.07.2023 in I.A. No. 409 of 2023 in O.S. No. 471 of 2023 passed by the I Additional Junior Civil Judge-cum-I Additional Metropolitan Magistrate at Malkajgiri (for short ‘Trial Court’)

2. The revision petitioner filed the subject suit as plaintiff vide O.S. No. 471 of 2023under Order VII Rule 1 r/w Section 26 of Civil procedure Code (for short ‘CPC’) for Suit for Perpetual Injunction.

3. The respondents herein are the defendants in the above said Suit.

4. The petitioner herein had filed the underlying interlocutory application videI.A. No. 409 of 2023 in the subject suitunder Order XXXIX rule 1 and 2 r/w section 151 of CPC to restrain the respondents, their agents, servants and all persons claiming through them by an order of ad-interim injunction from dispossessing or interfering with their peaceful possession and enjoyment of the petition schedule property during the pendency of the main suit.

5. The Trial Court allowed the underlying Interlocutory Application filed by the petitioner herein by observing that the petitioner has established its prima-facie case that there is a chance of damaging or interfering with their possession of the schedule property and the balance of convenience is also in favour of petitioner. The trial Court further observed that if an injunction is not granted an irreparable loss willbe causedto the petitioner herein. Thus, the trial Court grantedtemporary injunction in favour of petitioner stating that the petition schedule property is being used as a play area by the children and if injunction is not granted, it will affect the rightsof 110 villa owners.

6. Aggrieved by the above said order dated. 24.07.2023 the respondents herein had preferred the Civil MiscellaneousApplication vide CMA. No. 22 of 2023.

7. The appellate Court allowed the said Civil Miscellaneous Application and set-a-side the order passed by the Trial Court in I.A. No. 409 of 2023 in O.S. No. 471 of 2023 by observing that that the petitioner herein has failed to prove their possession over the petition schedule property i.e. Ac.0.8 guntas and the existence of facilities like a clubhouse, basketball court, and badminton court. The documents relied upon by the petitioner herein i.e. Ex.P- 8 (brochure), Ex.P-12 (MoU), Ex.P-13, Ex.P-20 (Google images), and Ex.P-21 (photographs) were found to have no legal sanctity or evidentiary value and no sanctioned layout or survey report was filed to support the alleged shortfall of land or to prove the amenities as claimed by the petitioner herein.

8. The appellate court observed that the respondents herein produced evidence (i.e. Ex. R-6 and Ex. R-21) showing that no area was earmarked for a clubhouse or sports courts in the approved layout and also the boundaries of Plot No. 68 are identical with the layout plan, supporting the claim of the respondent no.1.

9. Aggrieved by the above said order dated. 19.10.2023 the petitioners herein had preferred this Civil Revision Petition.

10.Heard Sri. V. Srinivas, learned senior counsel for V. Chitralekha, learned counsel for the petitioner, Sri. K.S. Murthy, learned senior counsel for Sri. Zeeshan Adnan Mahmood, learned counsel for the respondent No.1, Sri. Dharmesh D.K. Jaiswal, learned counsel for the respondent No.2, Sri. J. Prabhakar, learned senior counsel for R. Sandeep Kumar, learned counsel for the respondent Nos. 4 to 8 and perused the record.

Contentions of the Petitioner:

11. The petitioner contends that it is a registered Association representing 110 villa owners of the gated community known as “Villa Springs,” constructed in an extent of Ac.8.20 guntas situated in Sy.Nos.49, 51, and 63 of Kowkoor Village, A