THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.605 OF 2011 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 28.12.2010, in C.M.A.No.2 of 2010, on the file of II Additional District Judge, Nalgonda at Suryapet, whereunder and whereby, the order, dated 09.12.2009, in I.A.No.300 of 2009 in O.S.No.107 of 2009, on the file of the Junior Civil Judge, Kodad, dismissing the petition, filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, for grant of temporary injunction, restraining the petitioners herein/defendants, their men and agents from interfering with the respondent herein/plaintiff’s peaceful possession and enjoyment of the suit schedule property, was set side and the ex parte temporary injunction, granted in the I.A. on 20.07.2009, was made absolute. 2. Heard. 3. Respondent/plaintiff filed the suit for grant of permanent injunction in respect of the land admeasuring 2700 square yards situated in Survey Nos.938, 938/E and 938/E/2 of Kodad Village. In the said suit, I.A.No.300 of 2009 is filed for grant of temporary injunction. The trial Court, on considering the evidence available on record, dismissed the I.A. and also vacated the ex parte temporary injunction granted on 20.07.2009 in the said I.A. Challenging the same, the respondent herein/plaintiff filed C.M.A.No.2 of 2010 on the file of II Additional District Judge, Nalgonda at Suryapet. The appellate Court allowed the C.M.A. setting aside the order of the trial Court and made absolute the temporary injunction granted on 20.07.2009. 4. The case of the respondent/plaintiff in the suit is that he has got title and possession in respect of Ac.0-29 guntas of land in Survey No.938/EE/2 of block No.12, Kodad Village. No doubt, the respondent herein has not filed any document to show that how his mother acquired the title in respect of the property in dispute. But, it the case of the respondent herein that it is an ancestral property and after the death of his mother, the property devolved on him and from then onwards he is in possession and enjoyment of the property. The respondent herein filed R.O.R. Pass Book and Title Deed issued by the competent revenue officials and also pahanies for a long time, which show that he is in possession of the property situated at Survey No.938/EE/2. In view of the rival submissions made by the learned counsel appearing for the parties that under the guise of injunction one is trying to encroach upon the other, there is no need to interfere with the order passed by the appellate Court. Hence, the revision petition is devoid of merit and is liable to be dismissed. However, to give quietus to the dispute, one of the parties is at liberty to file necessary application before the trial Court for the purpose of demarcating the suit schedule property with reference to documents filed by both the parties. Thereupon the trial Court shall consider the application for appointment of Commissioner to localize the petition schedule property with the help of Surveyor. 5. With the above observation, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J March 11, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.605 OF 2011 Between: Kondumuri Rambayamma and others .....PETITIONERS AND Para Seetaiah ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.605 OF 2011 March 11, 2011