THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1261 of 2009 ORDER: The appellant filed O.S.No.589 of 2009 against the respondent in the Court of III Additional Chief Judge, City Civil Court, Hyderabad for the relief of declaration of title and perpetual injunction, on the basis of an oral sale said to have been effected in his favour by the respondent. He has also filed I.A.No.3550 of 2009 under Order 39 Rules 1 and 2 C.P.C. for temporary injunction. Initially, the trial Court passed an order of status quo, but dismissed the I.A, through order, dated 26.11.2009, after hearing both the parties. The same is challenged in this C.M.A. Heard the learned counsel for the appellant and the learned counsel for the respondent. In an application filed under Order 39 Rules 1 and 2 C.P.C., the petitioner therein has to satisfy the Court as to the existence of prima facie case, balance of convenience and loss in the event of the injunction being denied. In the instant case, admittedly, the suit is filed on the basis of an oral sale. Except that the two receipts said to have been issued by the respondent are filed, no other substantial proof as to the transaction was placed before the trial Court. The respondent flatly denied the signature on the receipts. In a matter of this nature, it is too difficult to grant the relief of temporary injunction. Since the appellant did not dispute the ownership of the respondent, the possession is supposed to be with her, till it is established to be otherwise. Neither the prima facie case nor the balance of convenience is in favour of the appellant. The trial Court has undertaken extensive discussion on the relevant aspects and arrived at a proper conclusion. This Court is not inclined to interfere with the same. The C.M.A is accordingly dismissed. It is however directed that any activity undertaken by the respondent, including construction shall be without prejudice to the right of the appellant and in the event of the suit being decreed, the respondent shall not claim any equities. There shall be no order as to costs. __________ 06.07.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1261 of 2009 Date: 06.07.2010 JSU