MASINI SHEKAR REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners filed O.S. No.66 of 2005 in the Court of Junior Civil Judge, Nalgonda, for the relief of declaration of title and perpetual injunction against the respondents herein. While respondents 1 to 3 are Revenue Authorities, respondents 4 to 11 are private individuals. They also filed I.A.No.229 of 2005 under Order 39 Rule 1 CPC. The trial Court granted an order of status quo on 8-6-2005. Subsequently they filed I.A.No.1081 of 2005 with a prayer to protect their possession and enjoyment over the suit schedule property in Sy.No.204 of Velugupalfy Village, Nalgonda Mandal and District. The LA. was dismissed on 17-11-2005, directing that the suit schedule properly be put to auction and the proceeds thereof be deposited in the Court. The same is challenged in this C.R.P.

(2.) Learned Counsel for the petitioners submits that his clients placed voluminous documentary evidence before the trial Court to prove the possession over the suit schedule property and despite the same, the trial Court had passed the order under revision., He contends that the 3rd respondent, Mandal Revenue Officer, filed a counter-affidavit in I.A.No.229 of 2005, admitting that the petitioners are in possession of the suit schedule property and still, the trial Court refused injunction.

(3.) Learned Government Pleader for respondents 1 to 3, on the other hand, submits that the record discloses that the possession of the land was taken by the Government long back, and a stray sentence in the counter-affidavit, filed by the 3rd respondent, was emphasized by the appellants. Learned Counsel for the respondents 4 to 11 submits that after the dismissal of W.P. No. 10234 of 1994, her clients have resumed possession of the land, and no interference is called for, with the order under revision.