LAKSHMAMANNI Vs. T. R. NAGESH

JUDGEMENT

(1.) This petition by the plaintiffs in Original Suit No.85 on the file of the I Additional Civil Judge and Judicial Magistrate First Class, Nanjanagudu, is directed against the impugned order dtd. 21/4/2023 passed in Miscellaneous Appeal No.6 of 2023 by the Senior Civil Judge and Judicial Magistrate First Class, Nanjanagudu, whereby the appeal preferred by respondent No.1/defendant No.1 was allowed by the First Appellate Court which set aside the order dtd. 21/2/2023 passed in favour of the petitioners/plaintiffs granting temporary injunction in their favour.

(2.) Heard the learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the petitioners/plaintiffs instituted the aforesaid suit against the respondents/defendants for permanent injunction and other reliefs in relation to the suit schedule immovable properties and the said suit is being contested by the respondents/defendants. In the said suit, the petitioners/plaintiffs filed an application, namely I.A. No.1 for temporary injunction restraining the defendants from putting up any construction on the suit schedule property and the trial Court passed an order dtd. 21/2/2023 granting temporary injunction in favour of the petitioners against the respondents. Aggrieved by the same, respondent No.1 filed appeal in Miscellaneous Appeal No.6 of 2023 which came to be allowed by the First Appellate Court vide the impugned order dtd. 21/4/2023 which is assailed in the present petition.