LAWS(MAD)-2022-11-240

P. SREENIVASULU REDDY Vs. U. VISHWANATHA REDDY

Decided On November 28, 2022
P. Sreenivasulu Reddy Appellant
V/S
U. Vishwanatha Reddy Respondents

JUDGEMENT

(1.) The Civil Revision Petition in C.R.P.No.817 of 2022 is filed by the revision petitioners/2nd and 3rd defendants, challenging the order dtd. 15/12/2021 passed by the Court below dismissing the petition in I.A.No.1 of 2019 filed by the revision petitioners seeking leave of the Court to file counter claim in the suit for injunction filed by the 1st respondent.

(2.) The Civil Revision Petition in C.R.No.483 of 2022 is filed by the revision petitioner challenging the order dtd. 15/12/2021 passed by the Court below allowing the application in I.A.No.3 of 2020 filed by the 1st respondent seeking leave of the Court to withdraw the suit for injunction filed by him.

(3.) The 1st respondent herein filed a suit for permanent injunction restraining the 2nd respondent herein/1st defendant from alienating the suit properties. According to the 1st respondent, he, revision petitioners and the other respondents entered into a partnership in the name and style of 'M/s.CITI FARMS AND RESORTS' for doing real estate development business. The 1st respondent further averred that each of the partners invested certain percentage of partnership capital and the suit properties were purchased through the above said partnership firm. It was submitted that the 2nd respondent/1st defendant was permitted to act as Managing Partner of the firm and he tried to alienate the properties of the firm to obtain wrongful gain and consequently, the 1st respondent was constrained to file above said suit seeking permanent injunction against the 2nd respondent herein from alienating the suit properties. Since the petitioners and other respondents also having interest in the partnership, they were also arrayed as parties/defendants in the suit.