DEVATHU MUSALA RAO Vs. RAGU ANITHA

JUDGEMENT

(1.) Petitioners/Plaintiffs, being unsuccessful, preferred the present appeal under Order 43 Rule 1 of CPC aggrieved by the order, dtd. 19/4/2023, passed in I.A. No.419 of 2022 in O.S. No.35 of 2022 on the file of the Judge, Family Court-cum-VIII Additional District Judge, Ongole, Prakasam District, whereby the trial Court dismissed the petition filed under Order 39 Rules 1 and 2 of CPC for grant of temporary injunction restraining the respondents/defendants, their men, followers and associates from entering or interfering with the petitioners/plaintiffs' peaceful possession and enjoyment of the petition schedule property.

(2.) The parties are hereinafter referred to as arrayed in the Suit and I.A. before the trial Court for the sake of convenience.

(3.) Initially, the 1st plaintiff Devathu Musala Rao, claiming to be the adopted son of Devathu Sriranganadham, filed the present Suit in O.S.No.35 of 2022 on the file of the Judge, Family Court-cum-VIII Additional District Judge, Ongole, Prakasam District, for permanent injunction restraining the respondents/defendants, their men, followers, associates and relatives from interfering with the plaintiffs' peaceful possession and enjoyment of the plaint schedule property, shown as A-3, A-4, A-5 and A-7 in the plaint plan. As per the schedule to the plaint, the subject property in issue, as mentioned, is an extent of Ac.0.46 cents out of Ac.1.441/2 cents in Survey No.305 of Ongole Village and Town. Along with the Suit, the 1st plaintiff also filed I.A. No.419 of 2022 under Order 39 Rule 1 CPC for grant of temporary injunction restraining the respondents from entering or interfering with the plaintiffs' peaceful possession and enjoyment of plaint schedule property in any manner. As the sole plaintiff died intestate, the plaintiffs 2 to 5/petitioners 2 to 5 were added as legal heirs, by order, dtd. 17/11/2022, passed in I.A. No.1467 of 2022.