GOKAPAI GANDHI Vs. BANDI KARUNAKAR

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order in CMA No.8 of 2019 on the file of the Court of the IX Additional District Judge, Machilipatnam, dated 25.02.2020 confirming the order in I.A.No.738 of 2018 in O.S.103 of 2018, dated 16.07.2019 on the file of the Senior Civil Judge, Avanigadda.

(2.) Heard the learned counsel for the petitioner.

(3.) The petitioner herein is the plaintiff in Original Suit No.103 of 2018 on the file of the Senior Civil Judge, Avanigadda. The said suit is filed seeking permanent injunction against the defendants therein with respect to item Nos.1 and 2 of the Plaint schedule property. Pending suit, the petitioner also filed I.A.738 of 2018 before the Senior Civil Judge, Avanigadda under Order XXXIX Rules 1 and 2 CPC and Section 151 of CPC seeking to grant temporary injunction restraining the respondents, their followers and successors from interfering with the petition schedule property, contending that the petitioner's father said to have executed an unregistered Will, dated 19.11.2016 bequeathing the petition schedule property and he died later on 19.09.2017 and ever since, the petitioner has been in possession and enjoyment of the petition schedule property. While so, the respondents/defendants are trying to trespass into the schedule property under the guise of a registered Will said to have been executed by their father, dated 23.09.2016.