SOMEPALLI GOVINDU Vs. MADIKIRI RAJAMANI

JUDGEMENT

(1.) Defendant No. 1 in O.S. No. 7 of 2021 on the file of the Court of the learned XI Additional District Judge, Piler is the appellant in the present Civil Miscellaneous Appeal, preferred under Order XLIII Rule 1 CPC.

(2.) In the present appeal, challenge is to the order, dtd. 7/4/2022, passed by the learned Additional District Judge in I.A. No. 62 of 2021, granting injunction in favour of the plaintiffs and against the defendants. Respondents 1 and 2, who are the plaintiffs, are the daughter and son of the first defendant and the respondents 2 and 3 are the son and daughter of the first defendant. Respondents 1 and 2 instituted the above said suit for the following reliefs:

(3.) Along with the plaint, respondents 1 and 2 herein also filed I.A. No. 62 of 2021 under the provisions of Order XXXIX Rules 1 and 2 CPC, praying the trial Court to grant injunction, restraining the defendants from alienating the suit schedule properties. Resisting the said application, first defendant-appellant herein filed counter. The learned Judge, by way of the order under challenge in the instant appeal, allowed the said application, granting temporary injunction, restraining the defendant, from alienating the suit schedule properties pending disposal of the suit. Hence, the present appeal by the first defendant under Order XLIII Rule 1 CPC.