O SHEELA HARRY Vs. CAPT MOHD MIRZA

JUDGEMENT

(1.) This appeal arises from an order passed in I.A.No. 1202/1994 in O.S.No. 1052/1994 on the file of the IV Additional Judge, City Civil, Court, Hyderabad, on 28-7-1995 dismissing the original plaintiffs' petition for grantinginterim in junction.

(2.) The appellant's case in short is that the respondents (original defendants) were interfering with the peaceful possession and enjoyment of the appellant's property being 2098 sq. years of land bearing Survey Nos.76,78,79, 80 and 96 situated at Khairatabad Village, Anandnagar, Hyderabad. The aforesaid suit schedule property originally belonged to the respondent No. 1. The same as purchased by TV. T. Gnananprakasam under a registered sale deed dated 13-3-1961. The purchaser was put into possession thereof since 1967. Thereafter, one Eunice James acquired the said property from N.T.Gnanaprakasam by virtue of a Release Deed on 26-4-1969 and the appellant acquired the same by virtue of Settlement Deeddated 17-8-1975 and, that since then the appellants are enjoying the same peacefully.

(3.) Further, according to the appellants, respondentNo. 2 with the help of antisocial elements was trying to interfere with the appellants' possession in August, 1994 with a view to grabbing the property illegally from the appellants. The appellants, therefore, filed O.S.No. 1052/1994 and obtained ad interim injunction.