Kathija Begum vs Md. Imam Sab
2025 Latest Caselaw 1001 Tel

Telangana High Court

Kathija Begum vs Md. Imam Sab on 9 January, 2025

Author: P.Sam Koshy

Bench: P.Sam Koshy

              THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                       AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
             CIVIL MISCELLANEOUS APPEAL No.12 of 2025
JUDGMENT:

(per Hon'ble Sri Justice P.SAM KOSHY)

The present is a Civil Miscellaneous Appeal which has been filed under

Order 43 Rule 1 of C.P.C., assailing the order, dated 12.12.2024 passed in

I.A.No.639 of 2022 (old I.A.No.535 of 2021) in O.S.No.677 of 2022 (old

O.S.No.77 of 2021) by the IX Additional District Judge, Ranga Reddy

District at L.B.Nagar (for short 'the trial court').

2. Heard Mr.R.Nagarjuna Reddy, learned counsel for the appellant.

Perused the material available on record.

3. Vide the impugned order, the learned trial court has rejected the I.A

filed under Order XXXIX Rule 1 & 2 read with Section 151 of C.P.C

seeking to grant injunction so far as further alienation of the suit schedule

property or creating third party interest.

4. Having heard the contentions putforth by the learned counsel for the

appellant, we are of the considered opinion that from the finding of the trial

court itself it is evidently clear that the suit schedule property has been sold

multiple times, given the fact that the property has been sold multiple times

over the years i.e., more than 20 years, we are of the considered opinion

that the view taken by the trial court so far as refusing to grant the

injunction and rejecting the I.A. does not seem to be in any manner

erroneous or contrary to law. Thus, the present Civil Miscellaneous Appeal

being devoid of merits, it deserves to be and is accordingly rejected.

5. Nonetheless, if the appellant makes out a case on merits in the suit, the

appellant can be suitably awarded.

As a sequel, miscellaneous applications pending, if any, shall stand

closed. No order as to costs.

___________________ P.SAM KOSHY, J

_____________________________________ NAMAVARAPU RAJESHWAR RAO, J Date:09.01.2025 AQS