KOMMIREDDY LINGA REDDY Vs. PALGIRI ANJI REDDY

JUDGEMENT

(1.) The petitioners herein filed O.S.No.232 of 2009 in the Court of Junior Civil Judge, Darsi, against respondents 2 to 4, their brothers for the relief of partition and separate possession of the suit schedule property. The 1st respondent herein got himself impleaded as defendant No.4 in the suit claiming interest in the property. He filed I.A.No.610 of 2010 with a prayer to permit him to make a counter claim for the relief of perpetual injunction. It was pleaded that he filed O.S.No.195 of 2001 in the same Court on earlier occasion against respondents 2 to 4 for the relief of perpetual injunction in respect of the same property and that a decree has been passed therein. He pleaded that the present suit was filed by the petitioners only with a view to overcome the decree passed against their brothers. Mention was also made to the attempts made by the petitioners to claim title and possession over the property.

(2.) The application was opposed by the petitioners. They state that the application is not maintainable in law and that the 1st respondent has already filed a written statement in collusion with respondents 2 to 4 to defeat their interests. The trial Court allowed the I.A. through order, dated 08.11.2010. The same is challenged in this revision.

(3.) Learned Counsel for the petitioners submits that the I.A. filed by the 1st respondent was impermissible in law and it is bereft of any cause of action. He contends that in a suit for partition, it is impermissible for any defendant to claim the relief of injunction. Learned Counsel further submits that in case, the relief of injunction granted in O.S.No.195 of 2001 is violated in any way, the 1st respondent can always take steps in accordance with law