METTA CHANDRA SEKHARA RAO Vs. GANGA RAM

JUDGEMENT

(1.) The plaintiff preferred this Revision Petition aggrieved by the order dated 29-1-2003 in I. A. No. 1092 of 2002 in I. A. No. 827 of 2002 in O. S. No. 4571 of 2002 on the file of the Court of the XVI Junior Civil Judge-cum-IV Addl. Rent. Controller, City Civil Court, Hyderabad.

(2.) The main suit was filed seeking a decree for perpetual injunction restraining the respondents/defendants from interfering with possession of the plaintiff in respect of the suit schedule property. The plaintiff also obtained temporary injunction in I. A. No. 827 of 2002. Thereafter the defendants filed I.A. No. 1092 under Order 9, Rule 7 of Civil Procedure Code seeking to set aside the ex parte order dated 23-9-2002 in I.A. No. 827 of 2002 on the ground that the ex parte injunction was obtained by the plaintiff fraudulently without serving notice on them. It is further contended that the defendants have been in continuous possession and enjoyment of the suit schedule property from the year 1960 onwards and that they came to know about the order of temporary injunction only on 1-10-2002 when they received the registered notice of the plaintiff dated 30-9-2002 lodging a caveat. Hence they sought for setting aside the ex parte order dated 23-9-2002 in I. A. No. 827 of 2002.

(3.) The plaintiff in his counter contended inter alia that the temporary injunction in I.A. No. 827 of 2002 was granted after due publication of notice in a Telugu daily 'Andhra Prabha' dated 16-9-2002 and therefore the allegations of the defendants are false and baseless and no ground is made out for setting aside the order in I. A. No. 827 of 2002.