YARRAGORLA NARAYANA Vs. GAVVALA NALLESU

JUDGEMENT

(1.) The defendant in O.S.No. 344 of 1984 on the file of the learned Principal District Munsif, Anantapur, filed this appeal against the reversal judgment of the appellate Court in A.S.No. 49 of 1994 allowing the appeal when the trial Court dismissed the said suit.

(2.) The plaintiffs, the respondents herein, filed suit for recovery of Rs.17,000/- towards damages for obtaining an order of interim injunction in I.A. No.911 of 1978 in O.S. No. 658 of 1978 on the file of the learned Prl. District Munsif, Anantapur, on improper grounds.

(3.) It is the case of the plaintiffs that the defendant, the appellant herein, filed O.S.No.658 of 1978 with totally false and untenable allegations claiming right over the properties wherein there was standing crop raised by them, and filed I.A.No.911 of 1978 under Order 39, Rules 1 and 2 CPC and obtained temporary injunction restraining them from interfering with the property and obtained orders of ex parte interim injunction on 4-11-1978. Under the guise of the said orders, he took away standing korra and groundnut crop valued about Rs.17,000/-. When they filed counter, it was converted to status quo order on 6-7-1978. Subsequently, the said application was dismissed on 5-11-1978. Against which the defendant preferred an appeal in C.M.A.No.15 of 1079. It was also dismissed on 24-9-1979. Then they filed I.A.No. 1032 of 1978 under Order 39, Rule 3-A and Section 151 CPC claiming damages to a tune of Rs.1,000/-. The suit was dismissed for default on 20-1-1982. I.A.No.1032 of 1978 was also dismissed along with it.