KOMURAVELLY KALADHAR Vs. KOMMAREDDY SWARNALATHA

JUDGEMENT

(1.) The defendants in O.S.No.561 of 2022 on the file of the Principal Junior Civil Judge at Gajwel have filed this Civil Revision Petition under Article 227 of the Constitution of India, assailing the impugned docket order dtd. 6/1/2023 in I.A.No.1358 of 2022 in O.S.No.561 of 2022.

(2.) The respondent/plaintiff has filed the original suit against the defendants for perpetual injunction in respect of open plot admeasuring 230.90 square yards in Survey No.374 situated at Gajwel Town and Mandal, Siddipet District, hereinafter referred to as "suit schedule property", alleging that she has purchased the same through a registered sale deed document No.2177 of 2017 dtd. 22/4/2017 and obtained permission from the Gram Panchayat, Gajwel for construction of ground floor building, as per the proceedings No.38422/GAJW/0144/ 2021, dtd. 23/8/2021. When she started digging pits in the suit plot, on 15/11/2022 and 25/11/2022 the defendants tried to obstruct the plaintiff from carrying with construction work. As such, she has filed the original suit for perpetual injunction against the defendants and any other person on their behalf from interfering with her peaceful possession and enjoyment over the suit schedule property. Along with the original suit, she has also filed I.A.No.1358 of 202 under Order-39 Rules 1 and 2 of C.P.C. for temporary injunction restraining the defendants from interfering with her possession over the suit schedule property, pending disposal of the suit.

(3.) The original suit along with I.A.No.1358 of 2022 was filed on 2/12/2022 and on the same day, the learned Principal Junior Judge has passed the following order: