Telangana High Court
Kengarla Krishna, vs Kammari Kishtaiah, on 13 November, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
C.M.A.Nos. 426 & 428 OF 2025
Mr. N. Indrasena Reddy, learned counsel appearing for the appellant.
Mr. Palle Sriharinath, learned counsel appearing for the respondent.
COMMON JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
Both these appeals arise out of an order passed by the
learned Principal District Judge, Kamareddy, on 06.08.2025 in
I.A.No.402 of 2025 and I.A.No.322 of 2025 in O.S.No.6 of 2025,
respectively, filed by the respondent No.1/plaintiff. I.A.No.402
of 2025 is filed for granting of ad interim injunction against the
appellant/defendant No.4 restraining the respondent
No.1/plaintiff, family members, servants and their men from
making any further construction and changing the nature of the
petition schedule property and I.A.No.322 of 2025 is filed for
granting ad-interim injunction order against the
appellant/defendant No.4 from alienating petition schedule
property to any other third party/parties by way of sale, gift,
mortgage or will and charge.
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CMA.Nos.426 and 428 of 2025
2. The defendant No.4 is an appellant before us. The
appellant is aggrieved by the order of restraint passed against
the appellant/defendant No.4 by the learned Trial Court.
3. We have heard the learned counsel appearing for the
appellant as well as learned counsel appearing for the
respondents.
4. The Court is informed that the impugned orders were
passed in both the I.As. filed by the respondent No.1/plaintiff in
O.S.No.6 of 2025. The appellant/defendant No.4 in O.S.No.6 of
2025 also filed subsequent suit-O.S.No.98 of 2025. The
respondent No.1/plaintiff was made as party in the subsequent
suit (O.S.No.98 of 2025) which was filed for perpetual injunction
against the respondent No.1 before us.
5. The respondent No.1/plaintiff's main grievance is that the
appellant/defendant No.4 (in O.S.No.6 of 2025) may create third
party interest, if the appellant/defendant No.4 is permitted to
continue construction work in the suit schedule land in
O.S.No.6 of 2025. We may deem it fit to record the submissions
made on behalf of the appellant that the appellant/defendant
No.4 will not change the nature and character of the suit
schedule property (in O.S.No.6 of 2025) and shall also not claim
MB,J & GPK,J
CMA.Nos.426 and 428 of 2025
any equities in the event the respondent No.1/plaintiff succeeds
in O.S.No.6 of 2025.
6. We also deem it fit to record that the respondent
No.1/plaintiff in O.S.No.6 of 2025 has also been made as party
in the appellant's suit in O.S.No.98 of 2025 and can avail of an
adequate and effective alternative remedy in the second suit, if
the respondent No.1 is so advised. In both the suits, the first
suit is at the stage of framing of issues and in the second suit,
the notice has been issued. Hence, the parties shall get liberty
for pursuing their legal remedies in these two suits which are
pending before the learned Trial Court.
7. The appellant/defendant No.4 undertakes not to change
the suit schedule property in favour of third parties nor to claim
any equities if the respondent No.1/plaintiff succeed in
O.S.No.6 of 2025. It is also further added that the appellant
shall not claim any equities arising from construction activities
which the appellant pursues in the suit schedule property in
O.S.No.6 of 2025.
8. C.M.A.Nos.426 and 428 of 2025 are accordingly disposed
of on the basis of the submissions made on behalf of the
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CMA.Nos.426 and 428 of 2025
appellant which we may be treated as an undertaking on behalf
of the appellant that the appellant/defendant No.4 not to
change the nature and character of the suit schedule property
in O.S.No.6 of 2025 and not to claim any equities and that the
constructions will be demolished, in the event, the respondent
No.1/plaintiff succeeds in O.S.No.6 of 2025. All connected
applications are also disposed of. There shall be no order as to
costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
_____________________________
GADI PRAVEEN KUMAR, J
DATE: 13.11.2025
KVR
