THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.1089 OF 2009. DATED:16-02-2010. Between: U.Ankallu and another … Appellants/D2 and D3 and Y.Ravi and another …Respondent/Plaintiff and D1 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.1089 OF 2009. JUDGMENT: This appeal is filed against the order, dated 20-03-2009, in I.A.No.174 of 2008 in O.S.No.61 of 2008, on the file of the Senior Civil Judge, Nandigama, whereunder and whereby the application filed by the 1st respondent herein (plaintiff) under Order 39 Rules 1 and 2 CPC for temporary injunction restraining the respondents (defendants) from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property was allowed. 2. Learned counsel appearing for the appellants contended that the documents filed on behalf of the appellants have not been considered, that the 3rd defendant is the purchaser of the property for a valuable consideration under a registered sale deed from the 1st defendant, and hence, he prays to set aside the impugned order. 3. On the other hand, learned counsel appearing for the 1st respondent contended that after considering the documents, which have been filed by the appellants, the trial Court rightly granted temporary injunction and there are no grounds to interfere with the same. 4. Grant or refusal of injunction is guided by three important principles viz., prima facie case, balance of convenience and irreparable injury. Prima facie case is sine quo non for granting injunction. Unless the party shows prima facie case, question of consideration of two other ingredients may not arise. That aspect of the case has not been considered by the trial Court and also whether the documents filed in support of the petition made out prima facie case or not in favour of the petitioner. Therefore, the impugned order is liable to be set aside. 5. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order, dated 20-03-2009, in I.A.No.174 of 2008 in O.S.No.61 of 2008, on the file of the Senior Civil Judge, Nandigama. However, the matter is remitted to the trial Court with a direction to dispose of the application after hearing both sides and considering the documents, if any to be filed by both parties after receiving the same in accordance with law, within a period of one month from the date of receipt of a copy of this order. Till such time, temporary injunction granted by the trial Court shall remain in force. No order as to costs. --------------------- K.C.BHANU, J DATED:16-02-2010 Hsd