BAJANTHRI LAKSHMAMMA Vs. B JANAKAMMA

JUDGEMENT

(1.) Respondent filed a suit for injunction restraining the revision-petitioners from interfering with her possession of the property specified in the schedule (suit property), which was decreed in the trial Court after contest. Appeal preferred by the revision-petitioners was allowed and the second appeal preferred by the respondent was dismissed confirming the decree in the first appeal.

(2.) Alleging that the respondent who emboldened by the exparfeorderof injunction obtained by him in the suit, entered into the suit property thereof and has been enjoying it during the pendency of the suit, has to vacate the same after dismissal of the suit, revision-petitioners filed a petition under Order XXI Rule 35 CPC seeking re-delivery of the possession of the suit property to them which was dismissed. Hence this revision.

(3.) The main contention of the learned counsel for the revision petitioners is that since the appeal preferred by the revision petitioners against the decree of perpetual injunction obtained by the respondent in the trial Court was allowed and the suit filed by the respondent was dismissed with a finding that the suit for injunction is not maintainable, and since the second appeal preferred by the respondent to this Court is also dismissed, the Court below ought to have allowed the petition for re-delivery of the possession of the suit property to the revision-petitioners.