GANTA CHINNA SHANKARAIAH Vs. NADUNOORI SWAMY

JUDGEMENT

(1.) Counsel for petitioner and Sri Hari Prasad, Counsel representing the respondent.

(2.) The unsuccessful respondent/defendant in both the Courts below had preferred the present Civil Revision Petition under Article 227 of the Constitution of India. The respondent herein, plaintiff in the suit O.S.No.692/2005 filed an application I.A.No.1453/2005 under Order 39 Rule 1 of the Code of Civil Procedure, hereinafter in short referred to as " Code", praying for temporary injunction. The learned II Additional Junior CivilJudge, Warangal on appreciation of Exs.P-1 to P-10andExs.R-1 to R-14came to the conclusion that inasmuch as the plaintiff is claiming the property in S.No.703 and the present Revision petitioner/defendant is claiming in S.No.704, in the light of the mutation, the other revenue records and the pahanies, the plaintiff had made out a prima facie case and hence he is entitled for the relief of temporary injunction. The, Court of first instance placed reliance on State of A.P. v. Pramila Modi and others, N.S. Srinivas and others v. Madduri Mallareddy and others, State of Himachal Pradesh v. Keshav Ram others, etc.

(3.) The unsuccessful defendant/respondent in the aforesaid application, aggrieved by the order dated 1 -8-2005 made by the 11 Additional Junior Civil Judge, Warangal referred to supra had carried the matter by way of C.M.A. No.49/2005 on the file of III Additional District Judge, Warangal and the appellate Court at para-8 having framed the Points for consideration discussed the facts in nutshell at paras, 9,10,11 and 12 and ultimately came to the conclusion that the order of the Court of first instance need not be interfered with and accordingly dismissed the Appeal, making no order as to costs. Aggrieved by the same, the present Civil Revision Petition is filed.