P.NIRMALA Vs. P.BAKURAJ

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India, by the petitioner/defendant, challenging the order dated 08.07.2019 passed in C.M.A.No.1 of 2019 by the learned Judge, Family Court-cum-VII Additional District Judge, Medak, at Sangareddy, whereunder the learned Judge allowed the said CMA and granted interim mandatory injunction in favour of the respondents/plaintiffs by setting aside the order dated 04.12.2018 passed in I.A.No.1647 of 2018 in O.S.No.301 of 2018 by the learned Senior Civil Judge, Sangareddy.

(2.) The revision petitioner is the defendant and the respondents herein are the plaintiffs in the original suit. Hereinafter, the parties are referred to as plaintiffs and defendant.

(3.) In brief, the facts that led to filing of this C.R.P are that the plaintiffs filed O.S.No.301 of 2018 seeking declaration and mandatory injunction against the defendant in respect of common passage of 5'.8' width (5 feet 8 inches) existing in between the H.Nos.5-2-34/1 and 5-2-35, situated beside District Court Complex, Sangareddy Town and District. The plaintiffs filed I.A.No.1647 of 2018 under Order 39 Rules 1 and 2 CPC seeking temporary injunction against the defendant. The trial Court vide order dated 04.12.2018, dismissed the said petition. Aggrieved, the plaintiffs preferred C.M.A.No.1 of 2019 before the learned Judge, Family Court-cum-VII Additional District Judge, Medak, at Sangareddy, whereby and whereunder the learned Judge allowed the said CMA by setting aside the order dated 04.12.2018 passed in I.A.No.1647 of 2018 in O.S.No.301 of 2018 by the trial Court and granted interim mandatory injunction in favour of the plaintiffs directing the defendant to remove the walls constructed by the defendant obstructing the free passage in the suit common passage within two months from thereon. Hence the present civil revision petition.