Teegala Krishna Rao vs Teegala Rangarao
2022 Latest Caselaw 7720 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE: S.A.No.431 of 2022
                               PROCEEDING SHEET

Sl.                                                                              OFFICE
No
         Date                               ORDER                                 NOTE


03.   11.10.2022   SRS,J
                                I.A.Nos.1 and 2 of 2022
                            I.A.No.1 of 2022 is field to suspend the
                   judgment      and       decree,   dated       30.06.2022
                   passed in A.S.No.41 of 2018 on the file of
                   learned        Principal          district        Judge,
                   Vizianagaram,        pending       disposal      of    the
                   second appeal.
                            I.A.No.2 of 2022 is filed under Order
                   XXXIX Rules 1 and 2 of CPC for grant of
                   injunction        restraining     the      respondent/

plaintiff, his successor in interest, their men, their agents, assignees and their subordinates from interfering with the petitioners'/defendants' peaceful physical possession and enjoyment of the suit schedule property.

This Court ordered notice and notice was served on respondent. Proof of service is filed.

Heard.

Suit O.S.No.79 of 2012 against the petitioners/defendants for permanent injunction on the file of learned Junior Civil Judge, Gajapathinagaram and the same was dismissed. Against the said judgment and decree of the lower Court, respondent/ plaintiff preferred A.S.No.41 of 2018. Lower

appellate Court allowed the appeal and decreed the suit and granted permanent injunction restraining the petitioners/defendants, their men, servants and agents from ever interfering with the peaceful possession and enjoyment of the respondent/plaintiff over the suit schedule property.

It was averred in the affidavit that taking advantage of the decree, allowing of appeal and decreeing the suit and granting injunction by the lower appellate court, respondent/plaintiff is interfering with the possession of the petitioners/defendants in respect of RCC building (cement sheeted) situated at Gajapathinagaram bearing door No.4-153, Assessment No.681 of Gajapathinagaram village and Mandal Vizianagaram District within the boundaries mentioned in the suit schedule. Unless, injunction is suspended the appellant will be put the serious and irreparable loss and injury. Further prayed to grant injunction restraining the respondent from interfering with the possession of the appellant.

In view of the averments made in the affidavit, considering the facts and circumstances of the case, the injunction granted in suit O.S.No.79 of 2012 on the file of learned Junior Civil Judge, Gajapathinagaram as per the judgment and decree, dated 30.06.2022 in A.S.No.41 of

2018 is hereby suspended.

There shall be ad-interim injunction restraining the respondent/plaintiff from interfering with the possession of the petitioners/defendants over the schedule property i.e R.C.C. building bearing D.No. 4- 153 (old 5-39), assessment No. 681, Gajapathinagaram village and Mandal, Vizianagaram District, pending the second appeal.

      These          petitions        are      ordered
accordingly.
                                             __________
                                               SRS, J
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