VISHWA SHANTI ENTERPRISES Vs. PREMIER REFRIGERATION AND ELECTRICALS
LAWS(APH)-1992-3-65
HIGH COURT OF ANDHRA PRADESH
Decided on March 21,1992

VISHWA SHANTI ENTERPRISE, SECUNDERABAD Appellant
VERSUS
PREMIER REFRIGERATION AND ELECTRICALS, SECUNDERABAD Respondents




JUDGEMENT

A.Gopal Rao, J. - (1.)Defendant is the petitioner. This revision petition is filed aggrieved by the order passed by the Additional Chief Judge, City Civil Court, Secunderabad in CM.A.No.42/91, confirming the order dated 16-8-1991 in I.A.982/91 in O.S.586/1991 passed by the XI Assistant Judge, City Civil Court, Secunderabad, granting mandatory injunction in favour of the respondent- plaintiff, directing the petitioner-herein to remove the lock of the main shutter to the common passage which leads to the cellar portion of shop Nos.1 and 2, at Sarojini Devi Road, Secunderabad.
(2.)The facts, in brief, are as follows: The respondent-herein entered into an agreement on 19-1-1984 with the petitioner-herein to purchase shop Nos.l and 2 and also the cellar portion underneath shop No.1. When the petitioner-herein failed to execute the sale deed as per the agreement, the respondent filed the suit O.S.76/1987 and the same was decreed. The execution petition, filed for executing the decree in O.S.76/87, is pending. It appears that the petitioner-herein filed C.R.P.3493/89 in this Court against the ex-parte decree in O.S.76/87 and the same was also dismissed on 16-2-1990. The petitioner claims that he has filed a Special Leave Petition in the Supreme Court against the order in C.R.P.3493/89 and the same is still pending. The respondent claims that he was put in possession of shops Nos.1 and 2 and he is continuing in possession pf the same by keeping the materials right from the date of obtaining possession by him, without any interruption. While so, as the petitioner-herein closed the only passage to the cellar on 5-7-1991 by putting a lock thereto in order to harass and cause loss to the respondent, the respondent filed the present suit O.S.42/ 91 praying for mandatory injunction, directing the petitioner to remove the lock of the main shutter to the common passage leading to the cellar portion. He also filed I.A.982/91 seeking the same relief of mandatory injunction, stating that the material which are lying in the cellar could be spoilt if mandatory injunction is not granted, pending disposal of the suit. The petitioner-herein filed a counter and contested the said I.A.982/91, on several grounds.
(3.)The trial court, after consideration of the entire evidence, allowed I.A. 982/91 granting injunction as prayed for. Aggrieved by the same, petitioner-herein filed C.M.A.42/91 on the file of the Additional Chief Judge, City Civil Court, Hyderabad, which was also dismissed on 16-12-1991, confirming the injunction granted by the trial court. Aggrieved by the same, the present revision petition is filed by the petitioner.
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