SAADULLAH HUSSAINI Vs. MOHAMMED KHAJA QUTUBUDDIN

JUDGEMENT

(1.) Regard being had to the controversy involved in the aforesaid cases, they were heard together and are being decided by a common judgment.

(2.) The facts of W.A.No.43 of 2022 are reproduced as under:

(3.) The present appeal has been filed by one Saadullah Hussaini, who was not a party to W.P.No.973 of 2022 filed by one Mohammed Ismail Shareef in which the impugned order has been passed. The undisputed facts of the case reveal that the respondent No.1 before this Court has preferred the writ petition stating that he has filed a suit i.e., O.S.No.2374 of 2021 before the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, in respect of the suit property and an application was also preferred under Order XXXIX Rules 1 and 2 of CPC. The trial Court, on 13/12/2021, has passed an injunction order and the aforesaid fact is not in dispute. The trial Court, while allowing the said application, has granted temporary injunction restraining the respondent therein/appellant herein, their men, agents etc., from interfering with the peaceful possession and enjoyment of the plaintiff over the petition schedule property. The undisputed facts also reveal that an appeal has been preferred in the matter i.e., C.M.A.No.105 of 2021 and the appeal is pending. The present appellant was a defendant in the civil suit and without impleading him as a respondent, the writ petition was preferred. It was stated before the learned Single Judge that a complaint has been made to the police on 29/12/2021 requesting the police to implement the order of injunction dtd. 13/12/2021 passed by the civil Court and in those circumstances, the learned Single Judge has directed the Inspector of Police to take necessary action in respect of the complaint preferred relating to the order of injunction. In the complaint, allegations have been made against the appellant and therefore, his application for grant of leave to file the present appeal i.e., I.A.No.1 of 2022 in W.A.No.43 of 2022 is allowed.