ERA REDDY K Vs. K BAL REDDY

JUDGEMENT

(1.) Defendants in Original Suit No. 50/1983, on the file of the Court of District Munsif, Kodangal, are the petitioners in this Civil Revision Petition. That suit was filed by the respondents-herein for permanent injunction, restraining the petitioners-herein from interfering with their right to draw water from the suit well, situated in Survey No. 114, for irrigating the lands in Survey No. 151. Interim injunction was granted in I.A.No. 264 of 1983. The suit was dismissed for default in the first instance, but was restored to file, and ultimately the suit was dismissed on 26-4-1993 on merits. Aggrieved by the same, respondents-herein (plaintiffs) filed appeal. A.S.No. 23 of 1993 along with I.A.No. 1054 of 1993 before the District Court, Mahaboobnagar, for injunction. By order, dt.6-7-1993, the District Court, Mahaboobnagar, granted injunction, as prayed for. Hence, this revision petition by the defendants.

(2.) The learned Counsel for the petitioners, Sri C.P.Sarathy, submits that, while restoring the suit, O.S. No. 50/1983 to file after it was dismissed for default, a separate order was passed in I.A.No. 264 of 1983 by the Trial Court, as follows:

(3.) Having regard to the above facts and circumstances of the case, I am of the view that, when once the suit is restored to file, automatically all the orders passed earlier will also revive. Further, the Lower Court has stated that the injunction order granted earlier was in force for a long time and the respondents were drawing the water from the well without any objection.