IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.491 of 2011 BETWEEN Borubontala Laxmi. ... PETITIONER AND A. Subhash Rao. ...RESPONDENT Counsel for the Petitioner: MR. AVINASH DESAI Counsel for the Respondent: MR. C.V. BHASKARA REDDY The Court made the following: ORDER: Petitioner is the defendant in O.S.No.53 of 2005 for perpetual injunction filed by the respondent. The respondent/plaintiff had also filed an application for ad interim injunction being I.A.No.193 of 2005 with respect to an extent of Ac.0.03 guntas, which is the suit schedule property. The petitioner/defendant also filed an application for temporary injunction being I.A.No.27 of 2006 to the extent of Ac.0.08 guntas. The trial Court heard both the applications and by order dated 20.02.2007 rejected the plaintiff’s application for injunction on the ground that he failed to prove possession on the date of the suit whereas the petitioner/defendant having proved his possession from 1977-78 to 2004- 05 granted temporary injunction. Questioning the rejection of his injunction application, the plaintiff/respondent in I.A.No.193 of 2005 preferred CMA.No.4 of 2007, which has since been allowed by the lower appellate Court under the impugned order dated 16.12.2010. Questioning the same the present revision is filed by the petitioner/defendant. 2. Heard the learned counsel for the petitioner/defendant and the learned counsel for the respondent/plaintiff. 3. At the outset, two crucial infirmities in the judgment of the lower appellate Court are required to be noticed. Firstly, the lower appellate Court has not examined the question as to whether the respondent/plaintiff could have filed only one appeal when two injunctions applications, one by the plaintiff and one by the defendant, were disposed of by the trial Court under the common order dated 20.02.2007. A specific objection in that regard was raised by the petitioner/defendant, which is recorded in para 5 of the impugned order. There is, however, no consideration of the said aspect in the impugned order. Secondly, the injunction granted in favour of the petitioner/defendant is, admittedly, with respect to Ac.0.08 guntas, which covers Ac.0.03 guntas claimed by the respondent/plaintiff. The lower appellate Court, therefore, ought to have examined whether the plaintiff can seek injunction without questioning the injunction granted in favour of the petitioner/defendant for Ac.0.08 guntas and such order having not been questioned, in my opinion, the respondent/plaintiff could not have secured a contra injunction with respect to Ac.0.03 guntas out of the very same Ac.0.08 guntas claimed by the petitioner/defendant. The impugned order shows that in para 8 the lower appellate Court granted injunction in favour of the respondent/plaintiff to the extent of Ac.0.03 guntas and being conscious of the fact that there is temporary injunction in favour of the petitioner/defendant through counter claim, has modified the injunction in favour of the petitioner/defendant excluding Ac.0.03 guntas claimed by the respondent/plaintiff. 4. As mentioned above, without there being any appeal or objection by the respondent/plaintiff to the extent of temporary injunction operating in favour of the petitioner/defendant, the lower appellate Court could not have modified the said operating injunction. In view of that the impugned order is liable to be set aside and is accordingly set aside. The order passed by the trial Court dated 20.02.007 deserves to be confirmed, whereby the injunction in favour of the petitioner/defendant shall operate pending disposal of the suit. Since the suit is of the year 2005 and is said to be at the stage of trial, the trial Court shall endeavour to dispose of the suit expeditiously, preferably by 31.12.2011. The civil revision petition is accordingly allowed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J September 23, 2011 DSK