D.K.HANUMANTHARAYAPPA Vs. BHARAT REDDY

JUDGEMENT

(1.) This Civil Revision Petition has been filed aggrieved by return of un- numbered I.A.No.---/2024 (CFR No.2029/2024) in I.A.No.177/2024 in O.S.No.62/2024 dtd. 5/8/2024 on the file of the Junior Civil Judge, Madikasira, Sri Sathya Sai District.

(2.) The petitioner herein filed O.S.No.62/2024 on the file of the Civil Judge(Junior Division), Madikasira for permanent injunction restraining the respondents/defendants, their men, agents, representatives and all persons claiming through them from interfering with his peaceful possession and enjoyment over the suit schedule property and for costs of the suit. In the said suit, I.A.No.177/2024 was filed for grant of ad-interim injunction in favour of the petitioner as against the respondents, their men, agents, representatives, associates and all persons claiming through them from interfering with the petitioner's peaceful possession and enjoyment of well water through the channel existing in the schedule property, till disposal of the suit. By an order dtd. 22/3/2024, learned Civil Judge granted ad-interim injunction restraining the respondents, their men and agents, supporters from interfering with the petitioner's peaceful possession and enjoyment of the petition schedule property until 6/4/2024. Thereafter the said interim order has been extended from time to time. Despite the fact that an injunction has been granted in favour of the petitioner herein, the respondents were interfering with the peaceful possession of the property of the petitioner. In connection with that, the petitioner filed I.A.---/2024 (CFR.No.2029/2024) to direct the Station House Officer, Madakasira to provide protection to the petitioner/plaintiff in respect of the schedule property. The Court below returned the petition stating as to how the petition is maintainable without passing the final order.

(3.) It is pertinent to mention here that this Court in Morusu Sreeramulu Reddy vs. Kareppagari Eswaraiah,2023 (1) ALT 511 (AP). has categorically held thus: (Paragraph nos.15, 21 and 27)