E SRISAILAM Vs. CH PADMA RAO

JUDGEMENT

(1.) Defendants in O.S. No. 1041 of 2003 on the file of Principal Senior Civil Judge, R.R. District filed this appeal under Section 104 read with Order XLIII Rule 1 C.P.C.

(2.) The respondent filed the suit against the appellants for the relief of perpetual injunction in respect of Ac. 15.00 of land in survey Nos. 86 and 87 of Kondapur Village, Serilingampally Mandal. He also filed I.A. No. 2120 of 2003 under Order XXXIX Rules 1 and 2 C.P.C. The Trial Court granted an ex parte temporary injunction on 26-09-2003. On receiving the notice in the l.A. the appellants filed counter-affidavit. It is their case that they are the owners of the land in Survey No. 80 of Hafizpet village adjoining the lands of the respondent in Kondapur village, and taking advantage of the boundary dispute, the respondent is trying to encroach upon their lands. They filed I.A. No. 2242 of 2003 under Order XXVI Rule 9 C.P.C. for appointment of an Advocate-Commissioner to undertake demarcation of the suit land on the one hand and the land in Survey No. 80 of Hafizpet village on the other, duly taking the assistance of departmental surveyor.

(3.) The appellants filed I.A. No. 2700 of 2003 under Rule 4 of Order XXXIX C.P.C. for amending the order of ex parte temporary injunction. They plead that the respondent is trying to remove the boundary stones and alter the boundaries under the guise of the ex parte temporary injunction. The application was resisted by the respondent. Through its order, dated 08-01-2004, the trial Court dismissed the I.A. Hence, this appeal.