JADA PAPAYYA Vs. MYLIPALLI RADHAMMA

JUDGEMENT

(1.) The defendant before trial court has filed the present Civil Miscellaneous Appeal before this Court. Aggrieved by the order dtd. 4/6/2018 in I.A.No.269 of 2018 in O.S.No.84 of 2018 on the file of Court of the Additional Senior Civil Judge, Srikakulam, which is filed under Order 39, Rule 1 of C.P.C seeking to grant temporary injunction restraining the respondents from interfering or entering into their peaceful possession and enjoyment over the petition schedule property, pending disposal of the suit.

(2.) Initially respondents herein are the plaintiffs before the trial court has filed a suit in O.S.No.842 of 2018 for grant of permanent injunction restraining the defendant his men and agents from ever interfering or entering into the plaintiffs peaceful possession and enjoyment over the suit schedule property. In the said suit, an application in I.A.No.269 of 2018 has been filed seeking ad-interim injunction restraining the respondents from interfering or entering into their peaceful possession and enjoyment over the petition schedule property, pending disposal of the suit. The said application was allowed on merits as prayed for on 4/6/2018. Assailing the same, the defendant therein i.e appellant herein has preferred this C.M.A.

(3.) Heard Sri A. Ravi Shankar, learned counsel for the appellant and Mr. M. Kesava Rao, learned counsel for respondents.