NALLURI ANJANEYULU Vs. NALLURI PEDDA ANJANEYULU

JUDGEMENT

(1.) THE respondents herein filed O. S. No. 102 of 2007 in the Court of Principal junior Civil Judge, Chilakaluripet, against the petitioner herein for the relief of declaration of their right to use the passage shown with the markings of X, x1, X2 and X3 in the plaint sketch. They have also prayed for mandatory injunction requiring the petitioner to remove obstructions marked as Y and Y1 placed in X, X1, X2 and X3 passage. The respondents filed I. A. No. 694 of 2007 under Order 39 Rules 1 and 2 CPC with a prayer to restrain the petitioner from alienating any portion of Y and Y1 property shown in the plaint schedule. The order of temporary injunction was passed on 08. 05. 2007.

(2.) ALLEGING that in violation of the order of ad interim injunction passed in i. A. No. 694 of 2007, the petitioner executed a sale deed on 11. 05. 2007 covering the portion of Y and Y1 in the plaint sketch, the respondents filed I. A. No. 709 of 2007 under Order 39 Rule 2-A CPC with a prayer to punish the petitioner. The petitioner opposed the I. A. by pleading certain excuses. Through its order, dated 24. 10. 2007, the trial Court allowed the I. A. and directed that the petitioner be sent to civil prison for a period of five (5) days. The petitioner filed CMA. No. 18 of 2007 in the Court of Additional Senior Civil Judge, narasaraopet, against the said order. The CMA was dismissed on 18. 09. 2008. Hence, this civil revision petition.

(3.) HEARD Sri P. Keshava Rao, learned counsel for the petitioner and Sri Rama rao Ghanta, learned counsel for the respondents.