L SAMANTHAKAMANI Vs. COURT OF DISTRICT MUNSIF

JUDGEMENT

(1.) Having heard Mr. M. Ravindranath Reddy, the learned Counsel for the petitioner and also Ms. M. Vidyavathi, the learned Counsel for the respondents 3 and 4 at length, I am of the considered view that this writ petition can be disposed of even at this stage and both the learned counsel have agreed that the writ petition itself be disposed of as the arguments have been advanced in extenso even touching upon the terms of the family arrangement.

(2.) One Mr. L. Dharma Sahu was having four pucca stage carriage permits. He died on 21-2-1993 intestate leaving behind him three sons and heirs of a predeceased son namely Dayanidhi. The writ petitioner L. Samanthakamani is the wife of the said Dayanidhi. After the death of Dharma Sahu, under family arrangement dated 15-4-1993, the routes were distributed among the four branches. The branch of Dayanidhi represented by the writ petitioner got the route Ichhapuram to Srikakulam. Pursuant to the family arrangement, respective routes were transferred in favour of the persons named thereto by the Regional Transport Authority concerned. Then they were plying their respective vehicles on the respective routes. Insofar as the route Ichapuram to Srikakulam is concerned, to vehicle bearing Registration No. AAS-3969 which was plying, was sought to be replaced by a new vehicle bearing Registration No. A. P. 30 / T 1888, on the ground that it became old and worn out. This plea for replacement is pending before the Regional Transport Authority. It is pertinent to mention that pucca permit is subsisting upto the year 1976. Pending consideration of replacement, the Secretary, Regional Transport Authority has granted a temporary permit by order dated 29-12-1993 replacing the old vehicle with the new vehicle mentioned above with effect from 1-1-1994 to 30-4-1994. The other two sons of late Dharma Sahu viz., L. Sunder Rao and L. Vishwanadhan - respondents 3 and 4 - have instituted O.S.No. 63 of 1993 on the file of the Court of district Munsif, Ichapuram seeking a decree of perpetual injunction against Shamanthakamani - the petitioner herein - (a) for a permanent injunction restraining the first defendant in the suit (the petitioner herein) from replacing the bus bearing Registration No. AAS-3969 which is plying from Ichapuram to Srikakulam, Known as Natraj Express (by another bus) under transport carriage permit (b) restraining the 1st defendant (the petitioner herein) from leasing out the route permit of Ichapuram to Srikakulam to the 2nd defendant or any other person (c) costs of the suit (d) any such other relief as the Hon'ble Court deems fit in the circumstances of the suit

(3.) Pending the disposal of the suit, temporary injunction orders were sought for by filing an Interlocutory Application. The injunction sought for is to restrain the writ petitioner from replacing the bus bearing Registration No. AAS- 3969 which is plying from Inchapuram to Srikakulam known as Natraj Express., by any other bus under the transport carriage permit granted by the 2nd respondent herein and also restraining the petitioner herein from leasing out the route permit of Inchapuram to Srikakulam either to Andhavarapu Kondala Rao - 2nd defendant in the suit - or any other person pending the disposal of the suit.