P MOHAN REDDY Vs. GENERAL MANAGER APSFC

JUDGEMENT

(1.) The appellant had preferred the present Civil Miscellaneous Appeal aggrieved by the order dated 20-2-2003 made in I.A.No.156/2003 in O.S.No.227/2003 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad.

(2.) The appellant herein/petitioner/plaintiff instituted the suit O.S.No.227/2003 on the file of IV Senior Civil Judge, City Civil Court, Hyderabad praying for the relief of declaration that the demand made by the 3rd defendant towards loan account of P. Sathi Reddy relating to which the appellant/petitioner/plaintiff is surely is illegal and against law and for permanent injunction restraining defendants 2 and 3 from selling the suit schedule property in open auction till the disposal of the suit and for such other appropriate reliefs.

(3.) The appellant/petitioner/plaintiff alsomoved an application I.A.No.156/2003 in the said suit under Order 39 Rules 1 and 2 of the Code of Civil Procedure praying for temporary injunction restraining respondents 2 and 3 from auctioning and selling the petition schedule property pending disposal of the suit. Exs.P-1 to P-7 and Exs.R-1 to R-15 were marked on behalf of the respective parties. The learned IV Senior Civil Judge, City Civil Court, Hyderabad by the order dated 20-2-2003 on consideration of the respective contentions of the parties and also the documentary evidence had arrived at a conclusion that the appellant/petitioner had not made out a prima facie case nor balance of convenience is in his favour and ultimately had dismissed the said application negativing the relief of temporary injunction prayed for by him. Aggrieved by the same, the present Civil Miscellaneous Appeal is preferred.