PUTTA PRASADA RAO Vs. PUTTA ANNAPURNA

JUDGEMENT

(1.) This Civil Revision Petition is preferred against Decree and order, dtd. 16/9/2019 passed in C.M.A.No.27 of 2019 on the file of Special Sessions Judge for Trial of Cases under SC and STs (POA) Act-cum-XI Additional District Judge, Visakhapatnam (for short "the appellate Court") in reversing the order and decree dtd. 3/5/2019 in I.A No.119 of 2019 in O.S No.123 of 2019 on the file of VII Additioanl Senior Civil Judge, Visakhapatnam.

(2.) Heard Sri G. Rama Gopal and Smt G.M. Jyothi, learned counsels appearing for the petitioner and Sri T.Sridhar, learned counsel representing Sri D.Krishna Murthy, learned counsel appearing for the respondents.

(3.) Originally the I.A.No.119 of 2019 in O.S.No.123 of 2019 was filed by the petitioners/plaintiffs, who are respondents herein, before the VII Additional Senior Civil Judge, Visakhapatnam under Order 39 Rules 1 and 2 of CPC for grant of temporary injunction and the same was dismissed on the ground that much hardship would be caused to respondent if any injunction is granted and the balance of convenience is also in favour of the respondent and as such the petitioners are not entitled for temporary injunction pending disposal of main suit. Aggrieved by the same, the petitioners/plaintiffs preferred CMA No.27 of 2019 under Order XLIII Rule 1 CPC before the appellate Court.