KANNEBOINA NAGESHWAR RAO Vs. POTLA SOORAMMA

JUDGEMENT

(1.) First respondent filed O.S.No.106 of 2000 in the Court of the Junior Civil Judge, Kodad, against the petitioner and respondents 2 and 3 for the relief of perpetual injunction in respect of the suit schedule property. The suit was decreed on 28-9-2005. Aggrieved thereby, the petitioner and respondents 2 and 3 have filed A.S.No.53 of 2005 in the Court of II Additional District Judge, Nalgonda at Suryapet.

(2.) First respondent filed E.P.No.148 of 2005 alleging that the petitioner and respondents 2 and 3 are violating the decree of perpetual injunction. She also filed I.A.No.35 of 2006 under Section 151 C.P.C. with a prayer to grant police aid. She pleaded that the petitioner and respondents 2 and 3 are preventing her from enjoying the property and are obstructing her from irrigating the suit land. The trial Court allowed the LA. by order dated 14-2-2006. Aggrieved by the same, the petitioner filed the present revision petition.

(3.) Sri Venugopala Rao Pasnooru, learned counsel for the petitioner, submits that the first respondent had resorted to gross misuse of the process of the Court, inasmuch as, she filed the LA. knowing fully well that the appeal preferred by the petitioner and respondents 2 and 3, and the E.P. filed by herself were pending. He contended that there was no justification for the trial Court in ordering the LA. without ensuring that the aggrieved parties are put on notice.