KAGITALA VENKATA CHALAPATHI RAO Vs. SABARUNNISSA BEGUM

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act, 1995, is filed by respondents 2, 3, 5 to 7 in O.S. No.1 of 2012 challenging the order dated 30.07.2012 in I.A. No.743 of 2012 in O.S. No.1 of 2012 passed by the Andhra Pradesh State Wakf Tribunal (for short 'Tribunal'), Hyderabad.

(2.) Initially, the plaintiffs, who are the respondents 1 to 3 herein, filed suit against the defendants 1 to 8, who are the petitioners and respondents 4 to 6 herein, defendant No.9, who is the respondent No.7 herein, was impleaded by order dated 08.08.2012 in I.A. No.688 of 2012 and defendant No.10, who is respondent No.7 herein, was impeladed by order dated 15.05.2013 in I.A. No.1038 of 2012, to grant perpetual injunction restraining the defendants, their men, agents, servants, attorneys, assignees and all persons claiming through them from interfering, in any manner whatsoever, with the peaceful possession and enjoyment of plaintiffs in respect of suit schedule "A to E" lands bearing Sy.No.120 to an extent of Ac.2.06 cents, Sy.No.124/A to an extent of Ac.4.30 cents and Sy.No.126/1 to an extent of Ac.0.78 cents and Sy.No.126/2 to an extent of Ac.0.47 cents and Sy.No.126/3 to an extent of Ac.0.71 cents of Fazulbaigpet Village, Mandal and District Srikakulam, Andhra Pradesh, which is more particularly described in the schedule annexed to the plaint, making certain allegations.

(3.) While the matter stood thus, the respondents 1 to 3 herein filed I.A. No.743 of 2012 under Rules 1 and 2 of Order XXXIX of the Code of Civil Procedure, 1908 (for short 'CPC') for grant of temporary injunction restraining the Sub-Registrar-1, Srikakulam, Srikakulam District, who is the proposed respondent by the date of filing the petition, from registering any document pertaining to the schedule property.