THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CMA.No.411 of 2009 JUDGMENT: The appellants filed O.S.No.51 of 2008 in the Court of Senior Civil Judge, Medak, against the respondents for the relief of declaration of title, perpetual injunction and a direction for rectification of entries in the revenue records in respect of the suit schedule property admeasuring about Acs.20.00. They have also filed I.A.No.372 of 2008 under Order XXXIX Rules 1 and 2 CPC with a prayer to grant temporary injunction. The respondents opposed the petition. Through its order, dated 05.01.2009, the trial Court dismissed the I.A. Hence, this appeal under Order XLIII Rule 1 CPC. Heard Sri A.Ushi Reddy, learned counsel for the appellants and Sri M.V.S.Suresh Kumar, learned counsel for the respondents. The appellants and respondent Nos.1 to 4 are from the same family. The family partition is said to have taken place by virtue of a consent decree passed by this Court in A.S.No.413 of 1959, which in turn arose out of O.S.No.33 of 1956. The appellants claim that the suit schedule property was allotted to their share. Before the trial Court, the appellants filed Exs.A.1 to A.7. These documents throw light mostly upon the title rather than the possession. On the other hand, the respondents filed Exs.B.1 to B.19. Almost, all of them are pahanies from 1995 onwards. The appellants do not dispute that the entries in the revenue records reflect the possession of the respondents over the land. In fact, one of the prayers in the suit is for rectification of entries. The case would have been different altogether, had the appellants placed any other material to show that they are in possession. Even assuming that they have got title over the land, what becomes relevant at this stage is possession over the land. The trial Court has undertaken extensive discussion and arrived at the conclusion that the appellants failed to prove their prima facie case or balance of convenience. This Court is not inclined to take a different view. Hence, the appeal is dismissed. It is, however, directed that the respondents shall not alienate or otherwise, alter the nature of the land, till disposal of the suit. The trial Court shall endeavour to dispose of the suit, as early as possible and not later than one year from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 25th AUGUST, 2009. kvni