AMRUTHAPPA Vs. ABDUL RASOOL

JUDGEMENT

(1.) This review petition raises two questions of law :

(2.) I shall initially deal with the first question mentioned above and 1 shall deal with the second question later and I shall mention, under each point, such of the facts which are necessary for determination of the point separately.

(3.) Point No. 1 :-The Petitioner in this review petition is the plaintiff in O. S. No.,3/86 on the file of the District Court, Ranga Reddy District. He filed the suit for partition and separate possession of the suit mulgi on the basis of a purchase under a registered sale deed dt. 5-9-1985 of the half share of some of the co-mortgagors. The petitioner was also the mortgagee earlier under a usufructuary mortgage dt. 9-4-1974. The contesting respondents are the mortgagors owning the other half share and who obtained a decree for redemption earlier against the petitioner herein. The petitioner contended that even though this purchase of the half share of the co-mortgagors could not execute the decree for redemption and obtain possession from him but that they should file a fresh suit for partition and that till then they cannot obtain possession. On that basis the petitioner filed I.A. No. 604/86 for grant of temporary injunction restraining the defendant- respondent from proceedings with the execution of the redemption decree in O.S. 65/79 on the file of the District Munsifs Court, Tandur and for restraining him from dispossessing the petitioner from the suit mulgi, pending disposal of the, suit O.S. No. 3/86. The Court below by its order dt. 28- 6-1986 dismissed the said I.A. No. 604/86. against the said order the plaintiff preferred C.M.A No. 1057/86 under O. 43, R. 1(r) read with S. 104, C.P.C. After hearing the parties on both sides I passed an order on 30-9-1986 dismissing the C.,M.A.