JONNALA SURA REDDY Vs. TITYYAGURA SRINIVASA REDDY

JUDGEMENT

(1.) This is an appeal by the defendants in O.S. No. 16 of 1984 on the file of the Court of the Second Additional Munsif Magistrate, Guntur, Respondents are the legal representatives of T. Somireddy, (Plaintiff), who filed the aforesaid suit for an injunction restraining the appellants from interfering with his possession over the plaint schedule property.

(2.) The trial Court, after considering the evidence on record, decreed the suit. On appeal in A.S. No. 38 of 1990, the lower appellate Court confirmed the Judgment and decree of the trial Court and dismissed the appeal. Hence, this appeal.

(3.) This appeal was admitted on the following substantial questions of law, (i) whether the plaintiffs can file a fresh suit on the same cause of action after withdrawing the earlier suit filed for the same relief and on the same cause of action and (ii) whether an injunction can be granted in favour of a person who has not come to Court with clean hands and who played fraud on Court.