Possession Of Parties as On The Date Of The Suit To Be Considered While Granting Temporary Injunction – Telangana High Court
In a recent judgment delivered by Justice P. Madhavi Devi of the Telangana High Court, a significant development in a land ownership dispute was observed. The case, C.R.P. No. 1291 of 2023, involved a dispute over the possession of agricultural land in Kondamadugu Village, Yadadri Bhongir District.
The dispute arose from a suit filed by the plaintiffs, who claimed to be the owners and possessors of the land in question, against the defendants. The plaintiffs sought a declaration of title and permanent injunction against the defendants, alleging interference with their peaceful possession and enjoyment of the land.
The High Court, in its judgment, made several noteworthy observations. It emphasized that in a suit for injunction, the possession of the parties as of the date of the suit should be the primary consideration. The court also pointed out that discrepancies in earlier years’ revenue records should not overshadow the current possession status.
Justice P. Madhavi Devi stated, “The Lower Courts have not considered the issue in the proper perspective and have relied upon irrelevant documents to deny the relief of injunction to the plaintiffs.”
High Court set aside the orders of the lower courts and allowed the plaintiffs’ application for an interim injunction. The court directed the lower court to consider all relevant documents when disposing of the suit.
Date Of Decision: 29 August 2023
Kadem Sathaiah vs Mandala Ravindar Reddy
