MINTI VENKATASWAMY Vs. MURIPINDI GORLE SAROJA

JUDGEMENT

(1.) The Appellant herein is the petitioner/ plaintiff before the Senior Civil Judge, Vizianagaram (in short 'the court below) has filed the present Civil Miscellaneous Appeal before this Court, aggrieved by the order dtd. 3/10/2017, passed in I.A.No. 750 of 2016 in O.S.No. 219 of 2016.

(2.) The petitioner/ plaintiff i.e appellant herein has filed a suit in O.S.No. 219 of 2016 declaring that the plaintiff is the absolute owner of the plaint schedule property and consequently restrain the defendants and their men and servants in any way interfering with the peaceful possession and enjoyment of schedule mentioned property of the plaintiff, his men and servants in any manner they like. In the said suit, an application vide I.A.No. 750 of 2016 has been filed under order 39, rule 1 and 2 read with Sec. 151 of CPC seeking to grant temporary injunction restraining the respondents/ defendants their men and agents from interfering with the peaceful possession and enjoyment of the petition schedule property till disposal of the main suit.

(3.) The 1st defendant in O.S.No. 219 of 2016 has been filed a suit in O.S.No. 66 of 2017 against the appellant herein and others, wherein I.A.No. 591 of 2017 has been filed under order 39, rule 1 and 2 read with Sec. 151 of CPC seeking to grant temporary injunction restraining the respondents/ defendants, their men and agents from interfering with the peaceful possession and enjoyment of the petition schedule property till the disposal of the main suit, which is the subject matter in C.M.A.No.3 of 2018 on the file of court of the Principal District Judge, Vizianagaram, subsequently, it was transferred to this Court and renumbered as Tr.C.M.A.No. 1 of 2023.