T RAVINDRA KUMAR Vs. P CHENGA REDDY

JUDGEMENT

(1.) This revision petition is filed by the 3rd defendant in O.S.No. 187 of 1988 on the file of the Subordinate Judge, Tirupati against the judgment and decree in C.M. A.No. 64/ 88 on the file of the HI Additional District Judge, Chittoor reversing the order of the Subordinate Judge made in LA. No. 949/88 in O.S.No. 187/88.

(2.) The respondent herein filed a suit in O.S.No. 187/88 on the file of the Subordinate Judge, Tirupati for declaration of title and injunction in respect of certain lands against the petitioner (D-3) and some others. Along with that suit he filed I.A.No. 949/1988 for grant of temporary injunction in respect of the same properties till the disposal of his suit. Ex-parte interim injunction was granted and later, after receiving counters and hearing both sides the interim injunction was vacated by an order dated 14-10-1988 in respect of item No. I of plaint schedule, holding that the 3rd defendant who is the petitioner herein is in possession and enjoyment of the property and that therefore the respondent-plaintiff is not entitled for injunction. Aggrieved by that order the petitioner -Plaintiff in I.A. No. 949/88 filed C.M. A.No. 64/88 and the III Additional District Judge, Chittoor set aside the order of the learned Subordinate Judge by his order dated 21-6-1991 and granted temporary injunction in respect of item No. 1 also. Aggrieved by that judgment the 3rd defendant has filed this revision.

(3.) It is contended by the learned counsel for the petitioner that the III Additional District Judge has acted in exercise of jurisdiction illegally and with material irregularity by totally relying on the report of the Commissioner and ignoring the documentary evidence filed by the petitioner while coming to the conclusion that the respondent herein is in possession and enjoyment of the property.