MOHAMMAD ARSHAD Vs. JAFAR GHORI

JUDGEMENT

(1.) Assailing the Order, dtd. 26/3/2021, in I.A. No. 64 of 2021 in O.S. No. 40 of 2019, on the file of the II Additional District Judge, Srikakulam, wherein, the application filed by the Petitioners/Plaintiffs under Order XXXIX Rule 1 of Code of Civil Procedure, 1908, ['C.P.C.'] seeking temporary injunction was dismissed, the present appeal came to be filed.

(2.) The facts, in issue, are as under:

(3.) Counters came to be filed disputing the averments made in the affidavit filed in support of the petition. It is stated that, the property, which is subject matter of dispute in this case and the property in O.S. No. 328 of 2012, is one and the same, which is evident from the boundaries specified in the schedule. The Respondent/Defendant also disputed the right of the Petitioners/Plaintiffs over the property. Detailed counter came to be filed explaining the stand of the Petitioners.