GANNAVARAPU RAMANA REDDY Vs. ANAM VENKATA APPAREDDY

JUDGEMENT

(1.) HEARD Sri O. Manohar Reddy, learned counsel representing appellant and Sri kuncheam Maheswara Rao, learned counsel representing respondent.

(2.) THIS civil miscellaneous appeal is filed by the unsuccessful petitioner-appellant as against an order made in I. A. No. 581 of 2008 in A. S. No. 5 of 2008, dated 04. 8. 2008, on the file of the Senior Civil Judge, Gurazala, under Order xliii Rule 1 of the Code of Civil Procedure (hereinafter in short referred to as "the Code" for the purpose of convenience ).

(3.) THE said application was filed by the petitioner-appellant under Order xxxix Rules 1 and 2 of the Code praying for temporary injunction restraining the respondent from causing obstruction to the petitioner in using the pathway on the north-east of the respondent plot to cultivate his land. The learned Senior civil Judge, Gurazala, after referring to the respective stands taken by the parties in the affidavit filed in support of the application and the counter, recorded reasons at paras 6 to 9 and came to the conclusion that no prima facie case had been made out by the petitioner-defendant and there is no balance of convenience in favour of the petitioner-defendant and, hence, the petitioner-defendant is not entitled for the equitable relief of temporary injunction and accordingly dismissed the application. Aggrieved by the same, the present civil miscellaneous appeal had been preferred.