T.Venkata Ramana vs T.Kamalamma
2022 Latest Caselaw 6928 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                             MAIN CASE : S.A.No.369 of 2022
                                   PROCEEDING SHEET
Sl.      Date                                ORDER                                  OFFICE
No.                                                                                  NOTE

3.    13.09.2022
                   SRS,J
                                       I.A.No.1 of 2022

                         This petition is filed under Order XXXIX Rules 1
                   and 2 of CPC for grant of injunction restraining the
                   respondents     from   alienating    the     suit    schedule

property, pending disposal of the present second appeal.

Petitioner/plaintiff filed O.S.No.289 of 2011 for partition of suit schedule properties.

Petitioner/plaintiff also filed I.A.No.769 of 2011 seeking ad-interim injunction against the respondents/defendants. The trial Court granted ad- interim injunction by order, dated 20.05.2011 and the same continued pending the suit. Eventually the suit was decreed and preliminary decree was passed.

Against the judgment of the trial Court respondents/defendants filed A.S.No.7 of 2018 and the same was allowed and the suit was dismissed. Aggrieved by the same, plaintiffs filed the present second appeal.

Heard.

In the affidavit filed in support of the petition, it is contended that taking advantage of the dismissal of suit, the respondents are trying to alienate the suit schedule properties.

Suit was filed for partition of the suit schedule properties. The suit was decreed and preliminary decree was passed. However, appellate Court allowed the appeal and dismissed the suit. Pending the suit, trial Court granted injunction in favour of the petitioner/plaintiff restraining the respondents/ defendants from alienating suit schedule properties and the same continued pending the suit. The apprehension of the petitioner/plaintiff is that taking advantage of dismissal of the suit, respondents/ defendants are trying to alienate the property. If the respondents/defendants create third party interest, third party interest will be jeopardized.

In view of the above and considering the facts and circumstances of the case, there shall ad-interim injunction restraining the respondents and their men, from alienating the suit schedule properties, pending disposal of the present second appeal.

Learned counsel for the appellant/s is permitted to take out personal notice on the respondents through RPAD and file proof of service.

______ SRS,J

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