POLAIAH P Vs. P AVULAIAH

JUDGEMENT

(1.) Heard both sides.

(2.) The order of the learned Subordinate Judge, Markapur in I.A.No. 957 of 1997 in A.S.No. 11 of 1997 dated 29-8-1997 is challenged. Petitioner is the respondent in the appeal whereas respondents are the appellants. Two suits were filed by each of the petitioner and the respondents. The suit of the respondents in O.S.No. 65 of 1991 was dismissed whereas the suit of the petitioner in O.S. No. 76 of 1991 was decreed by the common judgment of the learned District Munsif, Podili dated 2-4-1997 for permanent injunction in regard to the suit schedule property. In Appeal, stay of the operation of the judgment and decree was sought for. The impugned order is short and small and reads as follows:

(3.) The learned advocate for the petitioner has contended that the order of the learned Subordinate Judge is opposed to law and the factual circumstances in the case, as according to him, while granting the order of permanent injunction by decreeing the suit of the petitioner, the Court had accepted his possession of the suit property and the interference by the other side and by staying the operation of the judgment and decree of the trial Court that finding was incidentally varied without giving reasons or basis to pass the order of stay. Mr, Subba Reddy, learned Advocate for the respondents has contended that there are no reasons to interfere with, the order being a discretionary one.