KONAKALA GURUNADHAM Vs. ANANTHA VENKATA SUBBAMMA DIED

JUDGEMENT

(1.) Present appeal is preferred under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, (hereinafter referred to as 'C.P.C.') assailing the order dtd. 25/6/2024, passed in I.A. No.175 of 2024 in A.S. No.90 of 2024 on the file of learned VI Additional District Judge at Bapatla. The appellants herein are defendants in the suit.

(2.) Initially, suit came to be instituted by respondents herein-plaintiffs vide O.S. No.23 of 2002 on the file of learned Principal Junior Civil Judge at Bapatla, for permanent injunction. The trial Court had granted ad interim ex parte injunction restraining the defendants from interfering with peaceful possession and enjoyment of the property. The suit was contested and ultimately, the same was tried along with O.S. No.77 of 2006 on the file of learned Senior Civil Judge, Bapatla, instituted by respondents herein, for perpetual injunction. By judgment and decree dtd. 5/2/2024, the suit filed by respondents herein for perpetual injunction, came to be rejected and the one filed by appellants herein vide O.S.No.46 of 2004, for specific performance, was decreed.

(3.) Aggrieved by which, the unsuccessful plaintiffs/respondents herein preferred A.S. No.90 of 2024 before the appellate Court along with I.A. No.175 of 2024 for interim injunction. The appellate Court, initially, issued notice and thereafter, upon entering of appearance for respondent Nos. 1, 5, 6 to 8, 10, 13, and 15 on 1/5/2024 and respondent Nos.9 and 11 on 18/6/2024, as respective respondents did not file any counter-affidavit, and that the appellants therein insisted for interim injunction, as their possession was sought to be interfered, directed the parties to maintain status quo by order dtd. 25/6/2024. The appellants herein stated to have filed their counter-affidavit on 1/7/2024. However, the lower appellate Court has been continuing the order of status quo. Aggrieved by the same, present appeal is preferred.