T. Janga Reddy vs Lavanya Machineni
2026 Latest Caselaw 281 Tel

Telangana High Court

T. Janga Reddy vs Lavanya Machineni on 1 April, 2026

     IN THE HIGH COURT FOR THE STATE OF TELANGANA
                     AT HYDERABAD

                                      ***

      THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                          AND
        THE HON'BLE JUSTICE GADI PRAVEEN KUMAR

          CIVIL MISCELLANEOUS APPEAL.No.79 of 2026

                                1st April, 2026

Between:

Mr.T.Janga Reddy & 2 Others
                                                                .....Appellants
                                      AND

Mrs.Lavanya Manchineni & 6 Others
                                                             .....Respondents


Mr.D.Narendar Naik, learned counsel appearing for the appellants.

Mr.Ravinder Reddy, learned Senior Counsel appearing for the respondents.

JUDGMENT:

(Per Hon'ble Justice Moushumi Bhattacharya)

1. The present Civil Miscellaneous Appeal arises out of the order

dated 09.01.2026 passed by the learned Special Judge for Trial of

Offences Under SCs/STs (POA) Act-cum-III Additional District and

Sessions Judge, at Sangareddy ('Trial Court') in I.A.No.358 of 2025

in O.S.No.71 of 2025 whereby the Trial Court allowed the I.A. filed

by the respondents/plaintiffs for ad-interim injunction restraining

the appellants (defendants in the Suit) from interfering and

dispossessing the appellants/plaintiffs from the suit schedule

properties.

MB,J & GPK,J

2. The defendants in the Suit are the appellants and the

plaintiffs are the respondents in the Appeal.

3. The appellants/defendants are aggrieved by the impugned

order on several grounds including the fact that the appellants are

not in possession of land in Sy.No.186 whereas the respondents/

plaintiffs are in possession of land in Sy.No.185, hence the

respondents could not have asked for any injunction against the

appellants.

4. We have heard learned counsel appearing for the

appellants/defendants and learned Senior Counsel appearing for

the respondents/plaintiffs.

5. The penultimate paragraph of the impugned order inter alia

records that the question of rival claims cannot be decided at the

stage of I.A. and a detailed survey of lands in question i.e.,

Sy.No.185 (claimed by the respondents/plaintiffs) and Sy.No.186

(claimed by the appellants/defendants) has to be conducted to

know the ground reality. The Trial Court proceeded to pass an

interim injunction against the appellants by reason of the fact that

the respondents/plaintiffs cannot be non-suited when there was

MB,J & GPK,J

ambiguity with the extent of land owned by the defendant No.3

therein.

6. We are inclined to set aside the impugned order inter alia for

the other reasons including the ground that the prayer in the I.A.

sought by the respondents/plaintiffs is identical to the prayer in

the Suit i.e., for perpetual injunction restraining the

appellants/defendants from encroaching or dispossessing the

respondents/plaintiffs from schedule A - D properties. The suit

schedule A - D properties all mention Sy.No.185 as opposed to

Sy.No.186 which is in the possession of the appellants/defendants

therefore the Trial Court could not have granted the relief which is

perpetual in nature.

7. However, we are of the view that the Appeal may be disposed

of with a direction on the Trial Court to facilitate the survey as

recorded in paragraph 24 of the impugned order in respect of lands

in Sy.Nos.185 and 186 by 30.04.2026. The Trial Court shall

consider the survey Report and proceed to decide the Suit (filed by

the respondents/plaintiffs) on merits as expeditiously as possible.

The Court is informed that the appellants/defendants have already

filed an I.A. for conducting a survey on the lands in question and

the said I.A. has been made returnable on 16.04.2026.

MB,J & GPK,J

8. Till the Trial Court decides on the Suit the basis of the survey

Report, it is made clear that the appellants/defendants shall not

encroach upon Sy.No.185; similarly the respondents/plaintiffs

shall not encroach upon Sy.No.186.

9. CMA.No.79 of 2026, along with all connected applications, is

accordingly disposed of in terms of the above. The interim order

dated 09.01.2026 is modified to the extent as stated above.

_________________________________ MOUSHUMI BHATTACHARYA, J

____________________________ GADI PRAVEEN KUMAR, J 1st April, 2026.

Note: C.C.forthwith.

(B/o.)BMS

MB,J & GPK,J

THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR

CIVIL MISCELLANEOUS APPEAL.No.79 of 2026

1st April, 2026.

Note: C.C.forthwith.

(B/o.)BMS