Andhra Pradesh High Court - Amravati
M. Venkat Hanumantha Prasad Babu ... vs P Ignatius on 11 February, 2021
Bench: M.Venkata Ramana
THURSDAY, THE ELEVENTH DAY OF FEBRUARY, TWO THOUSAND. Ai ND TWEEN TYIONE
| :PRESENT: \ KG iJ
THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA
x
IA No. 1 OF 2021 OR en
IN "S yraeat
AS NO: 32 OF 2021
Between:
M. Venkat Hanumantha Prasad Babu @ M.V.H.Prasada Babu,, S/o Venkateswara Rao @
Venkateswarlu, aged about 71 years, Rtd., High Court Employee, R/o Plot No.89, High
Court Colony, Hyderabad
Appellant / Plaintiff
AND
1. PIGNATIUS, S/o Venkateswarlu, aged about 44 years, R/o D.No. 12-13-5/2 and 5/3,
Prakash Nagar, Narasaraopet, Presently residing at 2/10, Hughes Street, Bray Brook,
Melbourne, Victoria, Pin 3019, Australia.
2. P.Leelavathi,, W/o Venkateswarlu, aged about 65 years, R/o D.No. 12-13-5/2 and 5/3,
Prakash Nagar Narasaraopet, Guntur District.
'3. The Commissioner, Narasaraopet Municipality rep. by its Commissioner, Narasaraopet,
Guntur District
...Respondent / Defendant
Counsel for the Petitioner : Sri V.S.R. Anjaneyalu
Counsel for the Respondent :
Petition under Order 39 Rules 1 & 2 R/w Section 151 CPC praying that in the
circumstances stated in the affidavit filed in support of the petition, the High Court may be
pleased to grant a temporary injunction restraining the respondent Nos., 1 and 2 from changing
the character of the plaint schedule property in O.S.No.53/2015 on' the file of the learned XIII
Addl., District Judge, Narasaraopet, pending disposal of AS No. 32 of 2021, on the file of the
High Court. :
The court while directing issue of notice to the Respondents herein to show cause as to
why this application should not be complied with, made the following order. (The receipt of this
order will be deemed to be the receipt of notice in the case).
ORDER
"It is contended by the learned counsel for the petitioner that taking advantage of
the impugned judgment, the respondents 1 and 2 are making efforts posthaste to raise
structures in the property in dispute and that they have also demolished existing structures
in the property in dispute. The learned counsel for the petitioner/appellant further
contended that having regard to the reasons assigned in the impugned judgment, there is
every possibility for the petitioner/ appellant to succeed in the appeal. It is also brought to
the notice of the Court by the learned counsel for the petitioner/appellant that the
respondent no.1 never had any ad interim order, even though he filed the suit against the
appellant/petitioner for bare injunction. Thus contending, it is requested to preserve the
status of the property in question as is obtaining now for the purpose of ultimate decision
in this appeal and thus requested to grant an ad interim injunction against the respondents
1 and 2 in the manner sought in this petition. :
Upon considering the judgment under appeal, nature of the property involved
including copies of the photographs produced on behalf of the petitioner/ appellant, in as
much as the appeal is admitted arid since the property in dispute requires to be maintained
in the same position without there being any attempt to change its nature or character,
having regard to the complaint of the petitioner/appellant in this context, it is desirable to
grant ad interim injunction as "requested, initially dispensing with the. notice to the
respondents 1 and 2, since urgency is made out.
Issue ad interim injunction restraining the respondents 1 and 2 from changing the
character of the plaint schedule property, until further orders and notice."
_Sd/-M.Suryanadha Reddy
ASSISTANT REGI
/TRUE COPY// EGISTRAR
For SECTION OFFICER
To,
--
MSR
The XIII Additional District Judge, Narasaraopet, Guntur District, A.p.
Sri P. Ignatius, S/o Venkateswarlu, R/o D.No. 12-13-5/2 and 5/3, Prakash Nagar,
Narasaraopet, Presently residing at 2/10, Hughes Street, Bray Brook, Melbourne,
Victoria, Pin 3019, Australia.( By RPAD)
Smt. P.Leelavathi, W/o Venkateswarlu, R/o D.No. 12-13-5/2 and 5/3, Prakash Nagar
Narasaraopet, Guntur District, A.P. (By RPAD)
The Commissioner, Narasaraopet Municipality, Narasaraopet, Guntur District, A-P. (By
RPAD)
One CC to Sri V.S.R. Anjaneyalu, Advocate [OPUC]
One spare copy
J
J
/ HIGH COURT
MVRJ
DATED:11/02/2021
NOTE : LIST ON 09.03.2021
ORDER
IA NO. 1 OF 2021
IN
AS.NO.32 OF 2021
DIRECTION
Se
rT
we
ih
oo
24 FEB
