Telangana High Court
Sri B.Sampath Kumar vs Sri. Vemula Raj Kumar on 4 July, 2022
Bench: P.Sree Sudha
HON'BLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No.149 of 2022
ORDER
The present Civil Revision Petition is filed by appellant in
CMA No. 4 of 2021 dated 14.07.2021.
2. The petitioner herein contended that the respondents
have no valid title to the suit schedule property and they are not
entitled for injunction. They purchased property during the
subsistence of injunction restraining their vendors from
alienating the property in a different suit but he sold the same
to the respondents herein in violation of the Court order. As
such, it will not confer any title to the purchaser. Vendor of
the respondents was punished for contempt of Court. The trial
Court did not discuss about the documents filed by him and the
injunction was granted basing on the exhibits filed by the
plaintiffs and thus it is irregular and illegal. They also
contended that vendor of the respondents has disposed in OS
No. 165 of 2006 and he did not deliver any possession of the
subject property to them though the sale deed contains that it
was delivered and thus requested to set aside the order of the
1st appellate Court.
3. O.S. No. 144 of 2015 is filed for injunction. During the
pendency of the suit, the plaintiffs in the suit filed an
application seeking interim injunction in IA No. 402 of 2015.
The trial Court after considering the documents filed before it
and also the arguments of both sides granted injunction against
the said order. The respondents in the application preferred
CMA. The 1st appellate Court also considered the arguments of
both sides but confirmed the orders of trial Court.
4. Aggrieved by the said order, this C.R.P. is preferred.
There is so much litigation between the parties not only in the
trial Court but also before the High Court prior to this
application. The Judgment of the trial Court in OS No. 48 of
1998 dated 07.11.2000 is also filed. The said suit is filed by
Mr. Arvind Kumar against Sampath Kumar and his family
members. It was decreed in favour of the plaintiffs when the
defendant failed to execute the sale deed in his favour, the
plaintiffs intended to file the Execution Petition but in view of
the advise of mediators, the defendant executed sale deed in
his favour on 30.05.2021. IA No. 1925 of 2018 is filed to set
aside the decree in O.S. No. 44 of 1998 but it was dismissed by
the 1st Addl. Chief Judge on 26.08.2019. Aggrieved by the
same, C.R.P. 2955 of 2019 was filed and it was also
dismissed on 06.08.2021. Admittedly, the suit is filed for
injunction in which ad interim injunction was sought for, it was
granted by the trial Court and confirmed by the appellate Court,
against said order this CRP is filed and the scope is very limited
as there is no irregularity ort illegality in the Court findings of
both the Courts. I do not find any reason in interference with
the findings of the 1st appellate Court. As per citation reported
in AIR 1991 SC 455 between Masjid Kacha Tank, Nahan Vs.
Tuffail Mohammed
"Under Section 115 of CPC High Court cannot re-
appreciate the evidence and cannot set aside the
concurrent findings of the Courts below by taking a
different view of the evidence. The High Court is
empowered only to interfere with the findings of facts of
the findings are perverse by the Court below. Simply
because another view of the evidence may be taken is
no ground by the High Court to interfere in this revisional
jurisdiction".
The parties are herein are directed to get ready with the suit
before the trial Court to see that it was disposed of on merits as
the parties herein will have ample opportunity to submit oral
and documentary evidence and the Court can consider the
evidence of both sides and after hearing the arguments while
disposing of the suit on merits. As such this Court found that
the C.R.P. is devoid of merits and is to be dismissed.
Pending miscellaneous petitions, if any, shall also
dismissed.
____________________
P.SREE SUDHA, J.
04th JULY, 2022.
Skj.
HON'BLE SMT. JUSTICE P.SREE SUDHA
C.R.P. NO. 149 OF 2022
Dated: .07.2022
Skj
