MANIGIRI RAMESH BABU Vs. GAJULA VENUGOPAL

JUDGEMENT

(1.) Heard Sri S. Lakshminarayana Reddy, learned counsel for the appellant/plaintiff and Sri V.V. Ravi Prasad, learned counsel representing Ms.Malladi Aruna, learned counsel for the respondents/respondents. Perused the entire material available on record.

(2.) The plaintiff filed O.S. No.27 of 2025 on the file of the Court of III Addl. District Judge, Kurnool at Nandyal, for declaration of right and title of the plaintiff and recovery of possession of the land to an extent of Ac.0.03 cents / 500 links (169.59 Sq. yards) in Sy. No.663/5 of Moolasagaram Village, Nandyal Mandal and District (Erstwhile Kurnool District) (hereinafter called as 'subject land') from respondent Nos.3 and 4 and also for consequential permanent injunction retraining the respondents from interfering with possession over the subject land and to declare the document Nos.9361 & 9362 of 2024 dtd. 22/6/2024 executed by the respondent Nos.1 & 2 in favour of respondent No.3 represented by the respondent No.4 as null and void and also for mandatory injunction to demolish the constructions made in the ABCD portion and also for restraining the respondents from alienating the subject land.

(3.) Along with the suit, the plaintiff filed I.A. No.1634 of 2025 seeking temporary injunction restraining the respondents from alienating or creating any sort of encumbrances over the subject land by way of sale, gift, lease or mortgage entering into an agreement of sale till the disposal of the main suit to others under Order XXXIX Rule 1 R/w. Sec. 151 C.P.C., in O.S.No.27 of 2025. The said I.A. was dismissed on merits and aggrieved by the Order of dismissal dtd. 20/8/2025, the plaintiff filed the present Civil Miscellaneous Appeal No.714 of 2025 before this Court by invoking Order XLIII Rule 1 C.P.C.