C Krishna Murthy vs M Ramudu
2021 Latest Caselaw 2895 AP

          THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR
                             AND
          THE HON'BLE SRI JUSTICE B.KRISHNA MOHAN


                          I.A.No. 1 OF 2020
                                  IN
                         A.S.No.326 OF 2020

O R D E R : (per Hon'ble Sri Justice B. Krishna Mohan)


      The above said Appeal arises against the Judgment and

Decree in O.S.No.75 of 2016 on the file of Judge, Family Court-

cum-VII    Additional     District   Judge,     Ananthapuramu   dated

27.01.2020 granting declaration of title and permanent injunction

in favour of the plaintiff restraining the defendant from interfering

with the plaintiff's peaceful possession and enjoyment of the suit

schedule property.


2.    Aggrieved by the same, the defendant preferred the above

said appeal and filed the above I.A., seeking to restrain the

respondent herein/the defendant from creating any third party

interest over the suit schedule property pending the appeal. For

which, the respondent herein filed the counter opposing and

denying the contents of the above said I.A.

3. Heard the learned counsel for the petitioner/appellant and

the learned Senior Counsel for the respondent/defendant.

4. The facts of the case are that the respondent herein filed the

above said suit for declaration of title and permanent injunction

against the petitioner herein with respect to the suit schedule

property before the Court below and the same was contested by

the petitioner herein contending that he is the owner of the said

property and filed another suit in O.S.No.409 of 2007 on the file of

Principal Junior Civil Judge, Anantapur against their family

members seeking for partition and separate share which was

decreed on 28.12.2017, thereafter approached the revenue

authorities for mutation and issuance of pattadar passbook and

title deed, on denial of the same filed a Writ Petition No.16764 of

2012 before the Hon'ble High Court which was disposed of vide its

order dated 21.06.2016 and contended further that the respondent

herein is not in possession of the suit schedule property at any

point of time. On hearing both the parties, the Court below

decided the case on merits by decreeing the above said suit vide

its Judgment dated 27.01.2020 which is under challenge in the

present appeal.

5. Whereas the respondent herein contended that he has

purchased the said property under a registered sale deed dated

10.04.2008 and ever since he has been in possession and

enjoyment of the same by also obtaining the pattadar passbook

and title deed with mutation of his name in the revenue records.

After considering all the aspects, the Court below rightly decreed

the suit in his favour and as such no relief can be granted in this

I.A. pending the appeal.

6. The learned counsel for the petitioner submits that the

petitioner herein got the above said property towards his share in

a partition suit as mentioned above when it was instituted against

his family members and as such, the title claimed by the

respondent herein is defective and not liable to be relied upon.

Therefore, seeks for an interim order to restrain the respondent

either from alienating or creating any third party interest over the

said suit schedule property pending the appeal.

7. Per contra, the learned Senior Counsel appearing for the

respondent herein submits that the respondent herein is not a

party to the other litigation said to have been instituted by the

petitioner herein as mentioned above and as such any order passed

in that suit is not binding on the respondent herein, that apart the

respondent has come into possession of the said property by virtue

of a registered sale deed dated 10.04.2008 and his name was

mutated in the revenue records with the issuance of pattadar

passbook and title deed. By considering all the aspects, the Court

below rightly decreed the suit vide its Judgment dated 27.01.2020.

Hence, this I.A. is liable to be dismissed.

8. Having regard to the above said facts and circumstances, it is

to be seen that admittedly the possession of the suit schedule

property is with the respondent herein and the Court below

decreed the suit in his favour granting declaration of title and

permanent injunction. Having suffered the said decree,

the petitioner herein preferred the above said appeal which is

pending before this Court. The petitioner has not established any

prima facie case, balance of convenience and an irreparable loss in

the event of non-granting any such relief in the present application

to show our indulgence. Even in the case of creation of any third

party interest over the suit schedule property it will be hit by

lis pendens.

9. For the foregoing reasons, the Interlocutory Application

is dismissed. No costs.

_________________________ JUSTICE C. PRAVEEN KUMAR

________________________ JUSTICE B. KRISHNA MOHAN

05-08-2021 Yvk

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR AND THE HON'BLE SRI JUSTICE B.KRISHNA MOHAN

I.A.No. 1 OF 2020 IN A.S.No.326 OF 2020

Dt. 05-08-2021

Yvk