K. KRISHNA REDDY S/O LATE SRI THIMMA REDDY Vs. SRI A. SUDHAKAR S/O A.VENKATA REDDY AND SMT. BINDU SUDHAKAR REDDY D/O C. KRISHNA REDDY

JUDGEMENT

(1.) THE trial court has rejected the application for grant of temporary injunction. The plaintiff is a relative of first defendant; second defendant is the wife of first defendant. The suit schedule property is the joint property of defendants No. 1 and 2. There are differences between defendants No. 1 and 2.

(2.) IT is the case of plaintiff that first defendant for himself and also as special power of attorney holder of second defendant had executed a registered usufructory mortgage deed in favour of plaintiff. The second defendant has seriously disputed this document.

(3.) THE learned trial judge has held that, special power of attorney said to have been executed by second defendant in favour of first defendant is prima -facie a forged document. In the circumstances, the plaintiff cannot contend that he is in possession of suit schedule property under Deed of Mortgage. The plaintiff has relied upon disputed material. Therefore, the learned trial judge has refused to grant an order of temporary injunction.