IN THE COURT OF THE I SENIOR CIVIL JUDGE: CITY CIVIL COURT:
AT HYDERABAD
PRESENT: Sri. C. SURESH,
I SENIOR CIVIL JUDGE,
CITY CIVIL COURT,
HYDERABAD.
TUESDAY, THE 28TH DAY OF APRIL, 2026
IA No.964 of 2022
in
OS No.590 of 2022
Between:
1)Smt. N. Vidya Devi, W/o.Late N. Ram Mohan Rao, Aged about 65 years, Occ:Household.
2)N. Rajashekar, S/o.Late N. Ram Mohan Rao, Aged about 42 years, Occ:Business. Plaintiffs 1 & 2 resident of Flat No.304, “B” Block, Green Gold Apartment, Sai Nagar, Malkajgiri, MedchalMalkajgiri District.
3)Smt.V. Tripura W/o. V. Sreedhar & D/o.Late N. Ram Mohan Rao, Aged about 44 years, Occ:Housewife, R/o.Plot No.88, New Vasavi Nagar Colony, Karkhana, Secunderabad. ….petitioners/plaintiffs
A N D
1)Smt. C. Swarna Latha W/o.C. Srinivas Rao, Aged about 75 yeas, Occ:House wife, R/o.Flat No.101, Vijetha Residency, H.No.171391/1/7, Plot No.5, SBH officers colony, Saidabad, Hyderabad – 500059.
2)T. Nagender S/o. Not known to the plaintiff, Aged about 75 yeas, Occ:Retired officer.
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3)D. Sandhya D/o. T. Nagender, Aged about 50 years, Occ:Housewife.
4)B. Anuradha D/o.T. Nagender, Aged about 48 years, Occ:House wife.
5)A. Rajani D/o. T. Nagender, Aged about 46 years, Occ:House wife, (defendants No.2 to 5 are residents of H.No.12259, J.P. Nagar, Bharath Nagar Colony, Hyderabad – 500018.
6)Smt. G. Srilatha D/o. Late N. Raghavendra, Aged about 50 years, Occ:House wife.
7)Smt. V. Lavanya D/o. Late N. Raghavendra, Aged about 48 years, Occ:House wife.
8)N. Sridhar S/o. Late N. Raghavendra, Aged about 46 years, Occ:Business.
9)N. Srikanth S/o. Late N. Raghavendra, Aged about 45 years, Occ:Business, (defendants No.6 to 9 are residents of Flat No.105, Sai Enclave, Reddy Colony, Miryalaguda, Suryapet District508207).
10)N. Srinivas Rao S/o. Late Rajaiah, Aged about 67 years, Occ:Business, R/o.H.No.16111/5A/10 & 11, Fkat No.B101, Tej Nagar, Saleem Nagar, Malakpet, Hyderabad.
11)Smt. N. Sai Karuna, W/o. Late N. Chandrasekhar Rao, Aged about 55 years, Occ:House wife.
12)N. Tharun S/o. Late N. Chandrasekhar Rao, Aged about 28 years, Occ:Business.
13)Smt. D. Shoba Rani,
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Aged about 60 years, Occ:House wife, R/o.H.No.Flat No.806, Rasun Ace Elision, Opp:KIMS, Kondapur, Gachibouli, Miyapur Road, Kondapur, Hyderabad.
14)N. Krishna Murthy, S/o. Late Rajaiah, Aged about 60 years, Occ:Business.
15)N. Madhusudhan S/o.Late Rajaiah, Aged about 58 years, Occ:Business, R/o.h.No.3669/B, Plot No.91, beside HPS Kids School, Avanthi nagar, Basheer Bagh – 500029.
16)N. Murali Krishna S/o. N. Rajaiah, Aged about 55 years, Occ:Business.
17)Smt. S. Swaroopa Rani W/o. S. Vijay Kumar, Aged about 53 years, Occ:House wife, R/o.Flat No.18, Dhanalakshmi Society, Mahindra Hills, Secunderabad.
18)Smt. V. Rukmini W/o. V. Kiran Kumar, Aged about 51 years, Occ:House wife, R/o.H.No.36563, Himayath Nagar, Hyderabad – 500027.
(Defendants No.11, 12, 14, 15 & 16 are residents of H.No.521028, NS Road, Mohamjahi Market, Hyderabad. ….respondents/defendants
This Petition is coming on 27042026 before me for final hearing and disposal in the presence of Sri K. Rohit, Counsel for the petitioners/plaintiffs, and Sri Nyayapathi Prashanth, Counsel for respondents No.11, 12, 14 & 16, and other respondents did not file counter, and the matter having stood over for consideration, till this day, this Court delivers the following:
:: O R D E R ::
1)This is a petition filed by Petitioners / Plaintiffs under Order 39 Rule 1 &
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2 CPC praying this court to grant AdInterim Injunction restraining the
Respondents, their men, agents, assignees and all those claiming through or under them restraining them from altering the petition schedule property, pending disposal of the suit in the interest of justice.
2)Notice is given to other side. Respondent No.16 filed counter praying this court to dismiss the petition. The same is adopted by respondents
No.11, 12 & 14. No counter is field by other respondents.
3)It is the contention of the Petitioners that the 1st Petitioner is second daughterinlaw of Late. Rajaiah and the wife of Ram Mohan Rao and
Petitioner No.2 and 3 are the children of 1st petitioner and Respondent No.1 is elder daughter and the Respondent No.2 is the husband and the Respondent
No.3 to 5 are daughters of Prema Latha who is second daughter of Rajaiah and
Respondent No.6 and 7 are daughters and Respondent No.8 and 9 are the sons of Raghavender Rao who is the elder son of Rajaiah and Respondent No.10 is the third son of Rajaiah and Respondent No.11 is wife and Respondent No.12 is son of Chandrashekar Rao who is the 4th son of Rajaiah and Respondent No.13 is the 3rd daughter, Respondent No.14 is the 5th son, Respondent No.15 is the 6th son, the Respondent No.16 is the 7th son and Respondent No.17 is the 4th daughter and Respondent No.18 is 5th daughter of Rajaiah and Rajaiah was
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absolute owner and possessor of land admeasuring 700 Sq.Yards together with house bearing No.521028, Nizam Shahi Road, Hyderabad which is the schedule property and the same is purchased from Amarender Reddy through
Registered Sale Deed bearing Document No.242 of 1958 dated 26.03.1958 and
Rajaiah was died on 03.12.1977leaving the petitioners and respondents as any successors and no partition was taken place during life time of Rajaiah and they are in joint possession of petition schedule property and after death of Rajaiah and Annapurna they are enjoying the property jointly and after death of motherinlaw of 1st petitioner the petitioners approached respondents seeking partition of schedule property for the respondents dodged the matter on pretext or the other and the petitioner approached the respondents many times and finally on 29.08.2022 for partition of the schedule property and the respondents are planning to alter the alienate the petition schedule property to third parties and if they succeed in their attempts, the petitioners will suffer irreparable loss and the petitioners are having primafacie case and balance of convenience is in their favour and if this petition is not allowed irreparable injury will be caused to petitioners and therefore prays this court to allow the petition.
4)On the other hand, it is the contention of Respondent No.16 that the
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petition is not maintainable either in the eye of law or on the facts and petitioners have no legal entitlement to institute the suit and interim application and the allegation that Rajaiah and Annapurnamma were the husband and wife and they have (12) children and Rajaiah was died on 03.12.1977 and Annapurnamma was died on 26.08.2018 leaving the petitioners and respondents as their legal heirs is denied by the Respondent
No.16. The relationship of Rajaiah and Petitioners is admitted and death of husband of 1st petitioner by name N. Ram Moham dated 10.11.2008 is also admitted. It is further contended that Rajaiah was the absolute owner and possessor of land admeasuring of 700 Sq.Yards together with House Bearing
No.521028 which is suit schedule property and having purchased the said property from Amarender Reddy through a Registered Sale Deed Bearing
No.242 of 1958 dated 26.03.1958 is true and death of Rajaiah 03.12.1975 is also true but further allegation that he has not partitioned the schedule property is false and baseless and the allegation that the petitioners entitled 1/12th share is baseless and after death of Rajaiah and Annapurnamma all the parties are in joint possession is also false and the allegation that petitioners approached the respondents on several occasions seeking partition and the separate possession and the same was postponed and finally the petitioners approached on 29.08.2022 and the respondents dodged the issue is false and
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baseless and allegation that respondents are trying to alter the schedule property and alienating schedule property is also false and the petitioners failed to show any primafacie case, balance of convenience in their favour is also baseless and in fact the balance of convenience is in favour of respondents. It is further contended that N. Rajaiah during his life time executed a Will in favour of his wife Smt. A. Annapurnamma which was registered on 02.02.1976 and the office of Registrar, Hyderabad vide Document No.8/III/1976 and the same was attested by two persons and after death of Rajaiah, Annapurnamma became absolute owner and in the Will there is a condition that
Annapurnamma shall perform marriages of their daughters and accordingly welfare of Respondent No.13, 17 and 18 were looked after by Annapurnamma and performed their marriages in grand manner and there after they are living separately along with their respective husbands and children separately and on 26.08.2018 Annapurnamma was also died and during her life time she executed a registered Will deed bequeathing the suit schedule property in favour of her (4) younger sons i.e., Chandra Shekar, Krishnamurthy,
Madhusudhan and Murali Krishna and said Will was registered in the office of the Registrar of Hyderabad vide Document No.3/III/1996 dated 05.01.1996 and it is categorically mentioned by Annapurnamma in the said Will that she was having (7) sons and (5) daughters on the date of said Will the marriages of
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their 6th and 7th son by name Madhusudhan and Murali Krishna were not performed and at the time of marriages of her (5) daughters she gifted gold and silver articles and performed marriages in grand manner and it is mentioned in the Will that her elder son Raghavender Rao and Ram Mohan
Rao and Srinivas Rao after their marriages took their share from her and living separately and her elder sons are carrying on their businesses and neglected her after the death of her husband and they did not help even in the marriages of her daughters and they did not attend the marriages also and as such she decided not to give any share and further mentioned that her younger sons
Chandra Shekar, Krishnamurthy, Madhusudhan and Murali Krishna were residing with her and looked after her day to day needs and as such she bequeathed the property in favour of her younger sons equally and as such they are entitled equal shares in the property and GHMC also passed proceedings by mutating their names in municipal records and in view of the above the petitioners are entitled for any relief sought for in this petition.
5)Heard both sides. Perused the record.
6)Record shows that the counter of Respondent No.16 is adopted by
Respondent No.11. 12 and 14 and other respondents did not file any counter.
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7)Now the point for consideration is whether the petitioners are entitled for the relief sought for in this petition?
8)Order 39 Rule 1 and 2 CPC reads as follows:
“(1) Cases in which temporary injunction may be granted – where in any suit it is proved by affidavit or otherwise – “(a) that any property in dispute in a suit in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to [defrauding] his creditors,
(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders” .
(2) Injunction to restrain repetition or continuance of breach. — (1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.
(2) The Court may by order grant such injunction, on such terms as to the
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duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit.
(3) 1[* * *].
(4) 2[* * *].
9)Record shows that the suit is filed by Petitioners / Plaintiffs against the
Respondents seeking partition and separate possession of suit schedule property and Perpetual Injunction restraining the defendants from altering the schedule property or alienating suit schedule property in favour of third parties and the suit is coming for hearing on issues.
10)It is the contention of petitioners that originally N. Rajaiah was the owner of schedule property who purchased the same from one Amarender
Reddy in 1958 and in 1977 he was died and there after Annapurnamma was also died and the petitioners, respondents being legal heirs are entitled for share in schedule property as it is joint family property. On the other hand, it is the contention of Respondent No.16 that after death of Rajaiah,
Annapurnamma performed marriages of her (3) daughters and (3) elder sons of Annapurnamma did not looked after her will and they did not attend the marriages of their daughters and as such she executed a will in favour of remaining (4) sons who lived with the Annapurnamma and as such the petitioners are not entitled for any relief sought for in this petition.
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11)The documents filed by petitioners shows that Exhibit P1 is the Certified
Copy of Sale Deed Document No.242 of 1958 through which N. Rajaiah purchased the schedule property from one Amarender Reddy. Exhibit P2 is
Death Certificate of Ram Mohan Rao to show that he was died on 10.11.2008.
Exhibit P3 is Death Certificate of Annapurnamma to show that she was died on 26.08.2018. Exhibit P4 is the Certified Copy of Encumbrance Certificate shows that there is no property found in the records of registered documents. Exhibit
P5 is Market Value Certificate to show that Market Value of schedule property is 3,44,00,000/ and Structure Cost is 22,00,000/. Exhibit P6 is the
Photographs along with CD showing the schedule property. The documents filed by Respondents side show that Exhibit R1 is the Registered Sale Deed
dated 02.02.1976 wherein N. Rajaiah executed Will Deed in favour of his wife
Annapurnamma. Exhibit R2 is Will Deed executed by Annapurnamma in favour of Chandra Shekar, Krishnamurthy, Madhusudhan and Murali Krishna.
12)It is the contention of petitioners that after death of Rajaiah all the petitioners and respondents are in joint possession of schedule property. It is contention of respondents that after death that Rajaiah (3) sons of Rajaiah did not look after welfare of Annapurnamma and as such Annapurnamma executed the will in favour of remaining (4) sons.
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13)On perusal of entire material placed on record it shows that the relationship among the parties is proved. Admittedly N. Rajaiah is original owner of schedule property and as per Exhibit R1 dated 02.02.1976 said
Rajaiah executed will in favour of his wife Annapurnamma. Exhibit R2 registered will bearing Document No.3/III/1996 dated 05.01.1996 shows that
Annapurnamma executed a will in favour of Chandra Shekar, Krishnamurthy,
Madhusudhan and Murali Krishna. Once Rajaiah executed will in favour of
Annapurnamma under R1, said Annapurnamma became absolute owner and as per Exhibit R2 Annapurnamma executed will in favour of Chandra Shekar,
Krishnamurthy, Madhusudhan and Murali Krishna. In Exhibit R2 it was clearly mentioned by Annapurnamma that during marriages of her daughters she presented sufficient gold and silver articles and the elder (3) sons did not help her during marriages of her (3) daughters and she decided not to give any share to his elder (3) sons and she intended to bequeath the property in favour of her (4) younger sons by name Chandra Shekar, Krishnamurthy, Madhusudhan and
Murali Krishna as they were with her and looked after well. It is a settled law that the owner of property having a right to deal with it. The merits of the cae will be decided after full fledged trial. Since Annapurnamma bequeathed her property in favour of her last (4) sons the petitioners are not entitled for the relief sought for in this petition.
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14)In a case between M/s. Gujarat Bottling Co. Ltd. & Ors Vs. The
Coca Cola Co. & Ors reported in 1995 AIR 2372 it was observed that:
The grant of an interlocutory injunction during the pendency of legal proceedings is a matter requiring the exercise of discretion of the court. While exercising the discretion the court. While exercising the discretion the court applies the following tests (i) whether the plaintiff has a prima facie case; (ii) whether the balance of convenience is in favour of the plaintiff; and (iii) whether the plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed. The decision whether or not to grant an interlocutory injunction has to be taken at a time when the existence of the legal right assailed by the plaintiff and its alleged violation are both contested and uncertain and its alleged violation are both contested and uncertain and remain uncertain till they are established at the trial on evidence. Relief by way of interlocutory injunction is granted to mitigate the risk of injustice to the plaintiff during the period before that uncertainty could be resolved. The object of the interlocutory injunction is to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. The need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. The court must weigh one need against another and determine where the 'balance of convenience' lies. [see: Wander Ltd.& Anr. Vs. Antox India
P. Ltd., 1990 (suoo) Scc 727 at pp. 73132]. In order to protect the defendant while granting an interlocutory injunction in his favour the Court can require the plaintiff to furnish an undertaking so that the defendant can be adequately compensated if the uncertainty were resolved in his favour at the trial”.
15)In a case between Dalpat kumar & Anr Vs prahlad singh & Ors.
reported in AIR 1993 SC 276 Hon’ble Supreme Court observed that the
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existence of prima facie case, in favour of Petitioner, and noninterference
Court would result in irreparable injury and balance of convenience must be in favour of granting injunction.
16)Hon’ble High Court for the state of Telangana in Kopalle Venu
Gopal and another Vs. P. Subrahmanya Prasad and others reported in 2021 (2) ALT 393 AP where in Hon’ble High Court referred a decision of Hon’ble
Supreme Court of India in Kashi Math Samsthan and another v Shrimad
Sudhindra Thirtha Swamy and another reported in 2010 (4) ALT 22 (SC) where in it was observed in para no. 16 that “It is well settled that in order to obtain an order of injunction, the party who seeks for grant of such injunction has to prove that he has made out a prima facie case to grant to go for trial, the balance of convenience is also in his favour and he will suffer irreparable loss and injury if injunction is not granted......”
17) Hon’ble Supreme Court of India in Seema Arshad Zaheer and others Vs. Muncipal Corporation of Greater Mumbai and others reported in 2006 (5) ALT 26 (SC) it was observed in para no.29 that “The discretion of the court is exercised to grant a temporary injunction only when the following requirements are made out by the plaintiff: (i)existence of a prima facie case as pleaded, necessitating protection of plaintiff’s rights by issue of a temporary injunction; (ii) when the need for
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protection of plaintiff’s rights is compared with or weighed against the need for protection of defendant’s rights or likely infringement of defendant’s rights, the balance of convenience tilting in favour of plaintiff; and (iii) clear possibility of irreparable injury being caused to plaintiff if the temporary injunction is not granted. In addition, temporary injunction being an equitable relief, the discretion to grant such relief will be exercised only when the plaintiff’s conduct is free from blame and he approaches the court with clean hands.”
18)On perusal of material placed on record, the petitioners could not prove that prima facie case is made out against them and balance of convenience is in their favour. In view of the above discussion and in the light of principles of ratio laid down in the above decision, this court holds that the petitioners are not entitled for the relief sought for in this petition and the petition is liable to be dismissed.
1.19)In the result, this petition is dismissed. In the facts and circumstances of the petition and as the parties are interrelated the parties are directed to bear their own cost.
Typed to my dictation by the Stenographer gradeI, corrected and pronounced by me in open Court on this the 28 th day of April, 2026. Sd/
I SENIOR CIVIL JUDGE
CITY CIVIL COURT, HYDERABAD
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
Nil
DOCUMENTS MARKED FOR
FOR PETITIONERS:
Ex.P1: Copy of Sale Deed Document No.242 of 1958 through which N. Rajaiah purchased the schedule property from one Amarender Reddy.
Ex.P2: Death Certificate of Ram Mohan Rao to show that he was died on 10.11.2008.
Ex.P3: Death Certificate of Annapurnamma to show that she was died on 26.08.2018.
Ex.P4: Certified Copy of Encumbrance Certificate which shows that there is no property found in the records of registered documents.
Ex.P5: Market Value Certificate shows that Market Value of schedule property is 3,44,00,000/ and Structure Cost is 22,00,000/.
Ex.P6: Photographs along with CD showing the schedule property.
FOR RESPONDENTS:
Ex.R1: Registered Will Deed dated 02.02.1976 wherein N. Rajaiah executed Will Deed in favour of his wife Annapurnamma.
Ex.R2: Will Deed executed by Annapurnamma in favour of Chandra Shekar, Krishnamurthy, Madhusudhan and Murali Krishna.
Sd/
I SENIOR CIVIL JUDGE
CITY CIVIL COURT, HYDERABAD.
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