Andhra Pradesh High Court - Amravati
Between vs Unknown on 6 January, 2023
FRIDAY, THE SIXTH DAY OF JANUARY, TWO THOUSAND AND TWENTY THREE > PRESENT > THE HONOURABLE SRI JUSTICE SUBBA REDDY SATT!: LANe, Pof 2022 s IN Between Bysani Ratnarnma, W/o, Bysani Nagaraju, aged 48 years, Oce ° Cullivation, R/o. Alamuru Village, Rudravaram Mandal, Kurnool District. Petitioner (Appellant in S.A.No. 25 of 2022 an the fie of High Court} AND Narayana Ramachandraiah, S/o. Lakshmi! Narayana, Oce 2 Cultivation, Rio. Alamuru Village, Rudravram Mandal, Kurnool District. .. Respondent (Respondents in-du-} counsel for the Patitioner : SRE CHALLA SIVA SANKAR Caunsed for the Respondent : SRG, SRAVAN KUMAR Petition under Order 39 Rule 1 & 2: ri Section 152 of C.P.C., araying that in the circumstances stated in the affidavit fled herein, the High Court may be pleased ta grant interim and temporary injunction restraining the respondent, his men and ig assignees fram interfering with the peaceful passession and enjoyment of the petition schedule land, pending disposal of the Second Appeal No, 25 of 2022 on the file of High Court filed against the Judgment and Decree dated 22- 08-2024 made in A.S.No. 8D of 2018, on the file of the V Adelitional District Judge, Allagadda by confirming the Judgment and Decree dated 07-11-2017, passed in O.S.No. 207 of 2008, on the file of the Junior Civil Judge, Allagadds, Kurnool District. SCHEBULE OF PROPERTY The Land situated in Yadawada Village, Allagadda Mandal, Allsgadda Sub-Registration, Kurnool District. Sy.Na. 50 extent of Ac 3-64 cents Boundaries j- East Land of Narayana Pededa Subbarayudu West ; Land of Narayana Ranga Swamy North : Rastha South : Land of Nrayana Lakshmi Narayana Faene 4 Contd doe. - 2 The Court while ctrecting issue of natice to the Respondents herein to show cause as to why this application should not be commied with, made the following order. (The receipt of this order will be desmed to x be the receipt of notice in the case} ORDER:
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"This application is fled for grant of interim injunction restraining the respondent and Ais man from interfering with pogsessian and enfayment of the appellant over the petition schedule land.
Appeal was admitted on 25.01,1022.
Appellant Tiled sult O.S.No, 207 of 7508 against the respondent for declaration of title and consequential permanent infunctian, Sut was dismissed by judgment and decree dated O7.41.9047. Apoetiant fled appeal A.S.Ne.80 of 2078 on the Nile of V Additional District Judges, Alagadda and the same was dismissed vide judgment dated 23.08.2024.
Pending the sult, plaintiff filed LA.o. 1800 of 2008 for grant of temporary injunction. By order dated 09.09.2008, trial Court grant ad interim injunctian and later extended the same till the Wisposal of thx suit, Learned counsel for petitioner would submit that ad interim injunction was in farce il the disnosal of the suit, however, the suit was dismissed, Considering the facts and circumstances of the case, since the second appeal was admitted, there shall an Jaterim injunction restraining the respondent and his men from interfering with the possession and enjoyment of the praperty pending cispaal of the second appeal, Accordingly, this petition is ordered."
bd/+ K. TATA RAG, DEPUTY REGISTRAR (PRUE COPY i? Of SECTION OFFICER Conte...
& fad ra To 1,The [Nstrict Judge, Kurnool, Kurnool District. (in duplicate With a cony of Injunction te serve an the sale Respondent and Return the same to this Court}
2. The ¥ Additional District Judge, Allagadda, Kurnool District.
3.The Junior Civil Judge, Allagadda, Kurnoal District. 4,Narayana Ramachandraiah, S/o. Lakshmi! Narayana, Occ : Cultivation, R/éo. Alamuru Village, Rudiravram Mandal, Kurnool District (BY RPAD} .
5.Qne CC to Sri Challa Siva Sankar, Advocate (OPUC) §.One CC to Sri G. Sravan Kurnar, AdvocatefOPuc} 7, One Spare Copy.
TRE HIGH COURT SRS,J DATED > 06-04-2033 ORDER LANG. bof 2072 IN SA.Na. 25 af 2072 INTERIM INJUNCTION