KAMMAGANI NADHAM Vs. VANGALA RAJA MALLA REDDY

JUDGEMENT

(1.) Heard the learned counsel appearing for the revision petitioners/defendants and the learned counsel appearing for the respondent/plaintiff.

(2.) The revision petitioners-defendants filed the civil revision petition under Article 227 of Constitution of India aggrieved by the order, dated 15.04.2013 passed by the learned Senior Civil Judge, Janagaon in C.M.A.No.7 of 2012.

(3.) Short facts necessary for considering the revision are that the respondent is the absolute owner and possessor of the open house plot admeasuring 968 square yards equivalent to Ac.0.08 guntas covered by Survey No. 478 of Palakurthy village. He purchased the plaint schedule land under a registered sale deed dated 12.01.1982 from K.Soma Narsaiah, K.Somaiah, and K.Pullaiah. He has been in possession and enjoyment of the same since the date of purchase. The name of the respondent has been mutated in the revenue records and the gram panchayat also granted permission for construction of RCC building in the plaint schedule. He erected fencing around the suit plot. He filed the suit for permanent injunction alleging that the revision petitioners-defendants who are the agnates of his vendor have been trying to occupy a portion of the petition schedule land with an evil idea to grab away the same. In the suit, the respondent filed I.A.No.226 of 2012 in O.S.NO.62 of 29012 seeking temporary injunction pending disposal of the suit. The learned Additional Junior Civil Judge, Janagaon by his order dated 04.12.2012 dismissed the injunction petition. Feeling aggrieved, the respondent filed C.M.A.No.7 of 2012 which came to be heard by the learned Senior Civil Judge, Janagaon and the learned Senior Civil Judge, Janagaon reversed the order passed by the learned Additional Junior Civil Judge and granted temporary injunction pending disposal of the suit besides issuing a direction to dispose of the suit within a period of six months.