Telangana High Court
T. Janga Reddy vs Lavanya Machineni on 1 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
***
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
CIVIL MISCELLANEOUS APPEAL.No.79 of 2026
1st April, 2026
Between:
Mr.T.Janga Reddy & 2 Others
.....Appellants
AND
Mrs.Lavanya Manchineni & 6 Others
.....Respondents
Mr.D.Narendar Naik, learned counsel appearing for the appellants.
Mr.Ravinder Reddy, learned Senior Counsel appearing for the respondents.
JUDGMENT:(Per Hon'ble Justice Moushumi Bhattacharya)
1. The present Civil Miscellaneous Appeal arises out of the order dated 09.01.2026 passed by the learned Special Judge for Trial of Offences Under SCs/STs (POA) Act-cum-III Additional District and Sessions Judge, at Sangareddy ('Trial Court') in I.A.No.358 of 2025 in O.S.No.71 of 2025 whereby the Trial Court allowed the I.A. filed by the respondents/plaintiffs for ad-interim injunction restraining the appellants (defendants in the Suit) from interfering and dispossessing the appellants/plaintiffs from the suit schedule properties.
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MB,J & GPK,J CMA.No.79 of 2026
2. The defendants in the Suit are the appellants and the plaintiffs are the respondents in the Appeal.
3. The appellants/defendants are aggrieved by the impugned order on several grounds including the fact that the appellants are not in possession of land in Sy.No.186 whereas the respondents/ plaintiffs are in possession of land in Sy.No.185, hence the respondents could not have asked for any injunction against the appellants.
4. We have heard learned counsel appearing for the appellants/defendants and learned Senior Counsel appearing for the respondents/plaintiffs.
5. The penultimate paragraph of the impugned order inter alia records that the question of rival claims cannot be decided at the stage of I.A. and a detailed survey of lands in question i.e., Sy.No.185 (claimed by the respondents/plaintiffs) and Sy.No.186 (claimed by the appellants/defendants) has to be conducted to know the ground reality. The Trial Court proceeded to pass an interim injunction against the appellants by reason of the fact that the respondents/plaintiffs cannot be non-suited when there was 3 MB,J & GPK,J CMA.No.79 of 2026 ambiguity with the extent of land owned by the defendant No.3 therein.
6. We are inclined to set aside the impugned order inter alia for the other reasons including the ground that the prayer in the I.A. sought by the respondents/plaintiffs is identical to the prayer in the Suit i.e., for perpetual injunction restraining the appellants/defendants from encroaching or dispossessing the respondents/plaintiffs from schedule A - D properties. The suit schedule A - D properties all mention Sy.No.185 as opposed to Sy.No.186 which is in the possession of the appellants/defendants therefore the Trial Court could not have granted the relief which is perpetual in nature.
7. However, we are of the view that the Appeal may be disposed of with a direction on the Trial Court to facilitate the survey as recorded in paragraph 24 of the impugned order in respect of lands in Sy.Nos.185 and 186 by 30.04.2026. The Trial Court shall consider the survey Report and proceed to decide the Suit (filed by the respondents/plaintiffs) on merits as expeditiously as possible. The Court is informed that the appellants/defendants have already filed an I.A. for conducting a survey on the lands in question and the said I.A. has been made returnable on 16.04.2026. 4
MB,J & GPK,J CMA.No.79 of 2026
8. Till the Trial Court decides on the Suit the basis of the survey Report, it is made clear that the appellants/defendants shall not encroach upon Sy.No.185; similarly the respondents/plaintiffs shall not encroach upon Sy.No.186.
9. CMA.No.79 of 2026, along with all connected applications, is accordingly disposed of in terms of the above. The interim order dated 09.01.2026 is modified to the extent as stated above.
_________________________________ MOUSHUMI BHATTACHARYA, J ____________________________ GADI PRAVEEN KUMAR, J 1st April, 2026.
Note: C.C.forthwith.
(B/o.)BMS 5 MB,J & GPK,J CMA.No.79 of 2026 THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR CIVIL MISCELLANEOUS APPEAL.No.79 of 2026 1st April, 2026.
Note: C.C.forthwith.
(B/o.)BMS