THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4894 OF 2010 DATED: 31-01- 2011. Between 1.Thimmanayakar Rama Swamy and others … Petitioners-Defendants And S.John Stephen and others …Respondents- Plaintiffs THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4894 OF 2010 ORDER: This revision is directed against the judgment, dated 31-08-2010 in C.M.A.No.3 of 2010 on the file of the IV Additional District Judge, (FTC) Anantapur, in setting aside the order, dated 24-12-2009, in I.A.No.200 of 2009 in O.S.No.113 of 2009 on the file of the Principal Junior Civil Judge, Anantapur, wherein the application filed under Order XXXIX Rules 1 and 2 CPC for grant of interim injunction restraining the defendants, their men, agents and servants from interfering with the plaintiffs peaceful possession and enjoyment of the schedule mentioned property, was dismissed 2. As seen from the record, the trial Court refused to grant interim injunction on the ground that the 2nd defendant filed the suit and obtained injunction against the same property. On appeal, the appellate Court after considering the material available on record, came to the conclusion that the plaintiffs established incidental title to the property and they are in possession and enjoyment of the property and accordingly, granted injunction. 3. Learned counsel appearing for the petitioners-defendants contended that the subject matter of the litigation is pending before the Senior Civil Judge, Anantapur and therefore, granting of injunction is contrary to the injunction obtained by the 2nd defendant in another suit and therefore, granting of injunction is hit by Res judicata under Section 11 of CPC and hence, he prays to set aside the impugned judgment. 4. On the other hand, learned counsel appearing for the respondents-plaintiffs contended that the parties to the suit are not one and the same so as to claim benefit under Section 11 CPC, that the respondents are not parties to the suit for which petitioners-defendants obtained injunction and considering the documents filed by the respondents-plaintiffs, the appellate Court rightly granted injunction and absolutely, there are no grounds to interfere with the same. 5. The grant or refusal of a temporary injunction is covered by three principles viz., 1) if the plaintiff has made out a Prima facie case 2) if the balance of convenience is in his favour i.e., it would be greater inconvenience to the plaintiff if the injunction is not granted than the inconvenience which the defendant or person claiming through him would be put to if the temporary injunction is granted and 3) if the plaintiff suffers irreparable injury. 6. Coming to the first aspect of the case, the plaintiffs filed Exs.A1 to A3, which are original gift deed and original registered sale deeds respectively showing prima facie title of the plaintiffs and in pursuance of Ex.A1-original gift deed, the plaintiffs also obtained pattadar pass book and title deed from the concerned revenue officials. As against the evidence of plaintiffs, the defendants have not produced a single document to show about their title. Therefore, prima facie case is in favour of the plaintiffs. 7. Coming to the possession over the property, No.3 extract and 1-B extract, which are Exs.A6 and A7, would prima facie disclose that the plaintiffs are in possession and enjoyment of the property by the date of filing of the suit. The defendants have no title to the property. They simply filed Ex.B1, which is surveyor report and Ex.B5-field plan, to show about their possession. Those documents do not reveal that by the date of filing of the suit, they were in actual physical possession of the property and enjoyment of the same. Except these two documents, they have not filed any document to show their title. Therefore, the appellate Court rightly granted injunction in favour of the plaintiffs and absolutely, there are no grounds to interfere with the same. 8. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. -------------------- K.C.BHANU, J DATED: 31-01- 2011 Hsd