VEMULA DAMAYANTHI Vs. CHEEPU KRISHNA VENI

JUDGEMENT

(1.) This civil revision is filed to set aside the order, dtd. 3/11/2020, in I.A.No.454 of 2020 in O.S.No.442 of 2020 on the file of the Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam.

(2.) Heard learned counsel for the petitioners and learned counsel for respondent No.1. Perused the record.

(3.) It is the case of the petitioners that they are the owners and possessors of vacant land in sy.No.309/30/A to an extent of Ac.0-04 guntas situated at V.M.Banjara/Penuballi Village and Mandal, Khammam District. Late Vemula Babaiah, who is father- in-law of the first petitioner acquired Ac.1-00 guntas of land. Her husband got Ac.0-08 guntas in partition among their family. Out of said land, he has allotted four guntas to his sisters and the first respondent is one of his sisters. The petitioners are the absolute owners and possessors of remaining extent of Ac.0-04 guntas of land. When the first respondent was interfering with their possession, the petitioners filed O.S.No.138 of 2019 before the Special Assistant Agent, Mobile Court, Bhadrachalam along with I.A.No.117 of 2019 and the same is pending. Meanwhile, the first respondent herein filed O.S.No.442 of 2020 against respondent Nos. 2 to 9, without adding the petitioners as parties, along with I.A.No.454 of 2020 under order 39 Rule 1 of the Code of Civil Procedure read with Sec. 42 (c)of A.P.Agency Rules, 1924 seeking to grant temporary injunction along with police protection in her favour. The Sub-Divisional Magistrate, Bhadrachalam granted temporary injunction order vide order, dtd. 3/11/2020, which is extracted hereunder: