R.LOKESWARI Vs. G.VENUGOPAL

JUDGEMENT

(1.) This civil miscellaneous appeal is filed against order dtd. 5/7/2017 in I.A.No.15 of 2016 in O.S.No.6 of 2016, whereby the learned IV Additional District Judge, Tirupati, while allowing the said I.A. filed by the respondent, directed the appellants not to interfere with the peaceful possession of the petition schedule property till the disposal of the suit, on condition that the respondent shall file an affidavit, undertaking that he shall remove the constructions in the schedule property in case he fails to succeed in O.S.No.6 of 2016.

(2.) At the hearing, Ms.Pranathi, learned counsel for the appellants submitted that her clients have earlier filed O.S.No.13 of 2016 for permanent injunction against the respondent. That in the said suit, they have secured a temporary injunction in I.A.No.31 of 2016 filed by them and that in spite of the injunction order, the respondent highhandedly encroached upon the property and started raising construction. She further submitted that as the said suit had become infructuous, her clients have filed O.S.No.67 of 2017, seeking comprehensive relief for declaration of title and mandatory injunction, directing the respondents to remove the constructions, compound wall and other constructions and that the same is pending.

(3.) Mr.S.S.Bhatt, learned counsel for the respondent submitted that in compliance of the condition imposed by the lower court, his client has filed an affidavit, undertaking that in the event of his being unsuccessful in the suit, he will remove the constructions in the petition schedule property and pay damages if any.