MOVVA RAMA KRISHNA Vs. D VENKAYYANAYUDU

JUDGEMENT

(1.) Heard Smt. Dyumani, the learned Counsel representing appellant/ petitioner/plaintiff and Sri V. V. Ramana Rao, the learned Counsel representing respondents/ respondents/defendants.

(2.) The civil miscellaneous appeal is filed by the appellant aggrieved by an order made in LA. No. 1985 of 2005 in O.S. No. 1062 of 2004 on the file of I-Addl. Senior Civil Judge, Ranga Reddy District at L.B. Nagar. The appellant herein-petitioner- plaintiff filed the said application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereinafter, in short, referred to as 'Code' for the purpose of convenience) praying for the relief of temporary injunction restraining the respondents-defendants from in any way interfering with his peaceful possession and enjoyment over the petition schedule lands admeasuring Acs.33.17 gts., comprising in Sy.Nos.109/1, 112/3, 114/3, 115/3, 116/3, 117/3, 121/3, 122/3, 126 and part of 134 at Kondapur Village, Serilingampally Mandal, R.R. District.

(3.) The learned I-Addl. Senior Civil Judge, R.R. District on appreciation of the documentary evidence placed before him, Exs.A1 to Ex.A15 and Ex.B1 to Ex.B13, recorded certain findings and came to the conclusion that the appellant-petitioner- plaintiff was unable to establish prima facie case or balance of convenience or irreparable loss and ultimately dismissed the application vacating interim injunction granted on 12-8-2004. Hence the present civil miscellaneous appeal had been preferred by the appellant.