MULLA ABDULLA SAB Vs. KARURU MALLI

JUDGEMENT

(1.) The question is whether a defendant in a suit for permanent injunction can file a petition under Order XXXIX, Rules 1 and 2 and Sec. 151 CPC against the plaintiff seeking temporary injunction not to interfere with possession and enjoyment of the suit schedule property.

(2.) Heard Smt V.Sesha Kumari, learned counsel representing the revision petitioners. Respondent Nos.1 and 3 died. Notices of Respondent Nos. 2,4,5,7 to 10 were returned unserved. Inspite of service of notice on their counsel appearing before the Court below, no appearance has been made. Though, Sri.Maheswara Rao Kunchem, learned counsel filed caveat petition by respondent No.6, there is no representation.

(3.) This Revision Petition is filed against the order dtd. 23/1/2023 in C.M.A.No.5 of 2017 on the file of the Court of II Additional District Judge, Kurnool by which petition in I.A.No.1312 of 2015 was allowed reversing the order dtd. 23/1/2017 in OS.No.147 of 2019 on the file of Senior Civil Judge, Adoni, dismissing the petition under Order XXXIX Rules 1 and 2 and Sec. 151 CPC filed by defendants against the plaintiff seeking temporary injunction not to interfere with possession and enjoyment of the suit schedule property.