PISKA JAYALAKSHMI Vs. MOHD. ABDUL BASHEER AND ANOTHER

JUDGEMENT

(1.) This revision petition is filed against the order, dated 20.04.2016, passed in C.M.A. No.6 of 2015 by the Principal District Judge, Karimnagar, whereby and where under, the appellate Court has set aside the order and decree, dated 05.02.2015, in I.A. No.854 of 2014 in O.S. No.216 of 2014 on the file of Senior Civil Judge, Karimnagar, by which, the trial Court has granted injunction in favour of the revision petitioner.

(2.) Learned counsel for the petitioner submits that earlier the petitioner filed O.S. No.77 of 2010 on the file of Senior Civil Judge, Karimnagar, for declaration of title and perpetual injunction against her father in respect of the same subject land and only on the ground that father of the petitioner died and no steps to bring on record his legal representatives were taken in time, the said Suit was dismissed as abated, but, in fact, I.A. No.915 of 2014 filed in the said Suit to set aside the abatement was allowed on 29.02.2016. He further submits that by virtue of Gift Deed, dated 20.05.1995, petitioner came into possession of the suit property and that the same was not considered by the appellate Court, while passing the impugned order, reversing the order passed by the trial Court. He also submits that the injunction granted in O.S. No.77 of 2010 in favour of the petitioner is still in operation and seeks to set aside the impugned order.

(3.) On the other hand, learned counsel for respondent No.1 submits that since the trial Court has not marked the documents while granting injunction and there is serious dispute with regard to the title of the suit schedule property, the appellate Court has rightly held that the petitioner is not entitled to injunction and set aside the order, dated 05.02.2015. He also submits that the petitioner already filed O.S. No.77 of 2010 against her father and an implead petition is also filed therein for impleading the vendor of respondent No.1 and no reason is given for filing the present Suit. In support of his contention, he placed reliance on a Division Bench Judgment of this Court in T. Bhoopal Reddy and another Vs. Smt. K.R. Laxmi Bai and another, 1998 (1) ALT 292 (DB).