IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD C.M.A No.1129 of 2011 Dated:25-11-2011 Between: Golivi Mallesu and others. ….Appellants. And Korada Sri Krishna Murthy and others. ….Respondents. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD C.M.ANo.1129 of 2011 ORDER: (per the Hon’ble Sri Justice P.Durga Prasad) This appeal is directed against the Orders passed in I.A.No.331 of 2010 in O.S.No.58 of 2010 by the I Additional District Judge, Srikakulam on 29.07.2011. The appellants herein are the respondents in the above said petition and the respondents herein are the petitioners in the above said petition and they have ﬁled the petition under Order 39 Rule 1 CPC for grant of temporary injunction restraining the respondents/defendants, their men and agents from interfering with the peaceful possession and enjoyment over the schedule property pending disposal of suit. The parties in the appeal are being referred to as mentioned in the petition before the lower Court. According to the petitioners, they got Korada Estate and they ﬁled declarations under land ceiling Act and after completion of land ceiling proceedings in LCC 622/SKL/75 and other proceedings, their family members have got the plaint schedule lands and other properties and they are in the possession and enjoyment of the same with absolute rights. The schedule property is a dry land and purely rain fed land. The petitioner were furnished with ROR title deeds and passbooks and they are also enjoying the beneﬁts of reschedule loans from the banks, and No.3 adangals for fasali 1418 and 1419 were also issued in favour of the petitioners. No land tax is collected by the government. The respondents have nothing to do with the schedule properties. There is a proposal to construct Vamsadara Right Channel through Peddapandhalam Tank for irrigation of lands and the schedule property and others lands became very valuable. The respondents are very powerful and inﬂuence persons, they have no right on land and trying to grab the schedule property and other properties in and around and making attempts to trespass into the schedule property. Hence, they may be restrained by way of injunction. Counter was filed on behalf of the 1st respondent, which was adopted by respondent Nos.2,3,6 and 7. The petitioners have not pressed the petition against the respondent Nos.4 and 5. According to the respondents that one Korada Pullayya is having estate in Sreekurmam and neighbouring villages and his legal heirs and their L.Rs are having disputes and also suits are pending between them. The fathers’ of the respondents are cultivating the schedule property and other properties of Korada Pullayya and after the death of Korada Pullayya, they are continuing as cultivating tenants of Korada Pullayya. The present Surpanch of Sreekurmam belongs to the caste of petitioners and also having political background and created fake and nominal documents and ﬁled the suit with all false allegations to evict the respondents from the schedule property. The government is collecting the land revenue from the respondents and others in the name of the legal representatives of Korada Pullayya and issued L.R. receipts. Some of the petition schedule property is in the name of Kayi Seetayya and the respondents are also paying land revenue in the name of Kayi Seethayya. They ﬁled adangals for Fasali 1489 and 1490 which discloses that the S.No.912/3 and 912/5 for an extent of Ac.28.55 cents is in the name of Kayi Seethayya and the tenants names are also mentioned. The said property does not belong to Karada Pullayya or the petitioners’ predecessors in interest. For the Fasalies 1402 to 1405 the revenue authorities recognized the respondents’ possession and issued fair adangal copy and according to the fair adangal copy 100 people are cultivating the suit schedule property and some other properties. For Fasalies 1406 to 1411 the Village Revenue Oﬃcer also issued adangal copies in the name of the respondents and other tenants. Even in the recent Lila Cyclone, revenue people identiﬁed 100 acres of land belonging to Korada Pullayya and others as real owners of survey numbers and also identiﬁed 100 people cultivating tenants covered by survey numbers. The petitioners suppressed the facts and ﬁled the suit without any right possession and enjoyment over the suit schedule property. Hence the petition is liable to be dismissed. During the course of enquiry before the lower Court Exs.P.1 to P.15 were marked on behalf of the petitioners and Exs.R.1 to R.5 were marked on behalf of the respondents. Taking into consideration of the said pleadings and documentary evidence, the lower Court granted temporary interim injunction restraining the respondents and their men from interfering with the petitioners’ peaceful possession and enjoyment of the schedule property pending disposal of the suit. Aggrieved by the same, the present appeal is filed by the respondents therein. The appellants’ counsel has pleaded that the lower Court having found some survey numbers are mentioned in the passbooks ﬁled by the petitioners, ought not to have granted any injunction in their favour. He further pleaded that the lower Court has not recorded as to who is in actual possession of the property and the appellants have been in possession and enjoyment of the petition schedule properties as tenants from branch of Korada Pullaiah and others and the lower Court erred in granting injunction against them when they are in possession of the property. Hence, the said Order is liable to be set aside. The respondents’ counsel on the other hand has pleaded that the land is in their possession and they have ﬁled the necessary documents issued by the Thasildar, but whereas the documents ﬁled by the appellants/respondents are only issued by the Village Revenue Oﬃcer, who has no authority to issue the same, as such the lower Court has rightly granted injunction in their favour basing on the documents, which shows their possession over the property. The lower Court observed that the petitioners ﬁled adangals, pattadar passbook and title deeds, the prima-facie and the balance of convenience is in favour of the petitioners only. If injunction is not granted, the petitioners will suﬀer irreparable loss. Therefore, the petitioners are entitled for temporary injunction as prayed for. When the petitioners are seeking for temporary injunction restraining the respondents from interfering with their peaceful possession and enjoyment of the property, the lower Court ought to have decided who is prima-facie in possession of the said property, but no such ﬁnding was recorded by the lower Court. The petitioners are claiming that they are in possession of the property as legal representatives of the Korada family. On the other hand, the respondents are pleading that they are cultivating tenants of the said property and they are in possession of the same. The petitioners have ﬁled Exs.P.1 and P.3 pattadar passbooks, which are in the name of Korada Srikrishnamurthy and K.Suseela and the said passbooks only shows about the land in Survey numbers 893/3, 901/1, 901/9, 903, 907, 908/2 and 910 and the remaining items of property was not found place in the said documents. The respondents have produced Ex.R.2 to R.4 adangals for Fasalies 1404, 1405 and 1406 to 1411, which also shows that they are cultivating tenants of some of the plaint schedule properties only but not the entire plaint schedule properties. Exs.R.2 to R.4 adanagals were issued by the Village Revenue Oﬃcer, whereas Ex.P.13 adanagal ﬁled by the petitioners issued by the Thasildar for the Survey No.912/5. The petitioners have not ﬁled any adangals for other survey numbers. The petitioners are also ﬁled SLR issued by the Thasildar, Gara as Ex.P.6 and also ﬁled 10 (1) account under Ex.P.14 and order copy in LCC No.622/SKL/75 and land ceiling proceedings Ex.P.15. Therefore, the adangals issued by the village revenue oﬃcer cannot be relied upon when the Thasildar has issued adangal for the same survey numbers. Therefore, the documents ﬁled by both parties does not disclose about the title and possession of entire suit schedule property. Admittedly, the schedule property is in diﬀerent survey numbers and the total extent is Ac.94.73 cents, but the boundaries for the entire land have given as if they are in single plot. The respondents could not establish their tenancy over the schedule land as the documents ﬁled by them issued by the Village Revenue Oﬃcer, whereas the adangal ﬁled by the petitioners is issued by the Thasildar. The documents ﬁled by the parties do not disclose the title and possession of the entire suit schedule property as observed above. The petitioners after obtaining the interim injunction has ﬁled I.A.No.341 of 2010 seeking for police aid for implementation of the injunction Order granted by the lower Court and the same was dismissed by the lower Court, against which the petitioners have ﬁled C.R.P.No.3925 of 2011 and the same was disposed of by the learned Single Judge of this Court on 23.09.2011 permitting the petitioners to ﬁle fresh application before the Court below by incorporating all the subsequent developments and the alleged interference by the respondents into their peaceful possession over the suit schedule lands, however directed the Station House Oﬃcer, Gara Police Station, to provide necessary aid to the petitioners in the meanwhile to protect their possession over the property. Therefore, in view of the observations made above and the Orders passed by this Court in C.R.P.No.3925 of 2011, it is just and proper to direct the lower Court to dispose of the suit, which is ﬁled for grant of permanent injunction within a speciﬁed period by maintaining status-quo of the suit schedule properties as on today. In the result, the appeal is partly allowed directing both the parties to maintain Status-quo as on today till the disposal of suit and the lower Court is directed to dispose of the main suit within a period of Four (4) months from the date of receipt of a copy of this Order. No costs. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:25-11 -2011 Ksp