IN THE COURT OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE

RANGAREDDY DISTRICT, AT L.B.NAGAR

O.S.NO. OF 2020

Between
Yamini Reddy
W/o._________
Age: 44 years, Occ: Business
R/o. ________
_____________, Telangana.
…Plaintiff
AND
A.Jayaram Reddy
S/o. A.Laxma Reddy
Age: 59 years, Occ: Business,
R/o. E-42, Sainikpuri,
Secunderabad, Telangana.
…Defendant

SUIT FOR PERPETUAL INJUNCTION

PLAINT FILED UNDER SECTION 26 R/W. ORDER VII RULE 1 AND 2 OF CIVIL
PROCEDURE CODE

I. DESCRIPTION OF THE PLAINTIFF

The address of the Plaintiff for the purpose of service of all notices and summons is

as mentioned in the above cause title and that of his Counsels Sri. A. Venkatesh, G.

Bharath Reddy, S.Mohan, A. Ravi Teja, Pabba Santosh, A.Sanjana & M.Murthy Maan,

Advocates, having their office at 2nd Floor, SVSKL Mansion, Street No.1,

Himayathnagar, Hyderabad – 500029.

II. DESCRIPTION OF THE DEFENDANT

The description and full particulars of the Defendant for the purpose of service of all

summons, notices and processes are as mentioned in the cause title above and the

same is just and sufficient.

III. BRIEF FACTS OF THE CASE:

The Plaintiff craves the leave of this Hon’ble Court to submit the true facts of the

case as hereunder:

1) The Plaintiff submits that, she is the absolute owner and possessor of all that land

admeasuring Ac.3-28 Gts in Survey No. 189 situated at Keesara Dayara Village,

Keesara Mandal, Ranga Reddy District (hereinafter referred to as Suit Schedule

Property).
2) The Plaintiff submits that, originally one Sri. Karrey Ramaiah and others were the

absolute owners and possessors of land admeasuring Ac.1-26 Gts in Sy.No.189.

(hereinafter referred to as “Schedule A” property) and Ac.1-11 ½ Gts in Sy. No. 190

situated at Dayara Village, Keesara Mandal, Ranga Reddy District. The said Karrey

Ramaiah and others have executed a Registered Sale Deed bearing Document No.

126/06 dated 04.01.2006 in favour of the Plaintiff herein w.r.t to the Suit Schedule

A Property after receiving valid sale consideration, and pursuant to execution of

the sale deed the Plaintiff has entered into possession of the property and has been

in peaceful possession and enjoyment ever since, without any interference. It is

pertinent to mention here that subsequently as per revenue records the Survey No.

189 has been changed to Sy. No.189/AA/3/2 and currently the Suit Schedule A

Property is being reflected in Sy. No.189/AA/3/2. Copy of Sale Deed bearing

Document No. 126/06 is filed herewith as Document No.1.

3) Similarly, one Sri Seelam Buchaiah and another being absolute owners and

possessors of land admeasuring Ac.2-02 Gts in Sy.No. 189 (As per revenue records

Survey number is 189/AA/3/2) situated at Dayara Village, Keesara Mandal,

Ranga Reddy District (hereinafter referred to as “Schedule B” property), have

executed a Registered Sale Deed bearing Document No. 4799/2007 dated

30.03.2007 in favour of the Plaintiff and after the execution of Sale Deed have put

the Plaintiff in peaceful possession and enjoyment of the property. Copy of Sale

Deed bearing Document No. 4799/2007 is filed herewith as Document No.2.

4) It is respectfully submitted that the Plaintiff by virtue of execution of the above-

mentioned sale deeds has been in peaceful possession and enjoyment of the

Schedule A & B properties since the purchase of the properties, without any

interference. It is pertinent to mention here that subsequent to execution of above

mentioned Sale Deeds, the Plaintiff’s name was incorporated in the Revenue

Records and name of the Plaintiff is being reflected in the Revenue records

confirming the Plaintiff’s ownership and possession over the Suit Schedule

Properties. Copies of Pahani Patrikas & Passbooks evidencing Plaintiff’s

ownership and possession is filed herewith as Document No.3 (colly).

5) The Plaintiff submits that, recently in order to protect and safeguard the suit

schedule property from unscrupulous elements and land grabbers, she has

intended to fence the property and had started fencing activities at the property,

however, during the process of fencing the Defendant along with his henchmen

without having any right/title/claim over the suit schedule property have illegally

tried to interfere with the possession and enjoyment of the Plaintiff on _____ and

their illegal attempts were thwarted by timely intervention of villagers and elders.

6) The Plaintiff submits that, when the Defendant and his henchmen were

questioned about their illegal acts of interference, the Defendant represented that

he had obtained a decree of Perpetual Injunction against the Plaintiff and others

and as such he is at liberty to enter the suit schedule property.

7) The Plaintiff submits that, the Defendant had filed a suit bearing OS No. 125 of

2016 on the file of Hon’ble I Additional Senior Civil Judge, Ranga Reddy District at

L.B.Nagar against the Plaintiff and others seeking a relief of Injunction. Upon the

receipt of summons, the Plaintiff though was nowhere concerned with the

properties detailed in the above-mentioned suit had entered appearance to counter

the false and baseless allegations and in pursuance to the same filed a

Vakalatnama through her counsel, however, as the Plaintiff’s father i.e., Vara

Prasad Reddy was suffering with severe health ailments she couldn’t

accommodate time to pursue the case and as a result, the Plaintiff was set ex-parte

and subsequently Judgement was pronounced on 10.06.2019, wherein the Plaintiff

and others were restrained from entering into properties detailed in above-

mentioned suit. It is also not out of context to mention here that the Plaintiff is

taking requisite actions/steps to set-aside the Judgement delivered on 10.06.2019

and contest the suit on merits. Copy of Judgement in OS No.125 of 2016 dated

10.06.2019 is filed herewith as Document No.__.

8) It is pertinent to mention here that the Defendant by suppressing and

misrepresenting material facts and particulars had obtained Perpetual Injunction

Order pertaining to properties which are different and distinct from the suit

schedule property and under guise of such order is making hectic attempts to
 encroach upon the suit schedule property which is rightfully owned and possessed

by the Plaintiff herein.

9) Aggrieved by above said actions of the Defendant in interfering with Plaintiff’s

peaceful possession and enjoyment, Plaintiff on the same day has approached

P.S._____ and intended to lodge a complaint, however, the police officials refused

to initiate any action stating that the dispute is of civil nature and directed the

Plaintiff to seek redressal from competent court of law.

10) A bare perusal of Schedule A to D properties as mentioned in Judgement of OS

No. 125 of 2016 makes it abundantly clear that the Defendant had sought a relief of

perpetual injunction with respect to Plots bearing Plot No’s 6, 13, 19, 20 & 21, and

the Plaintiff is not aware about the existence of any Plots in the property owned

and possessed by him. It is once again reiterated that the Plaintiff is the absolute

owner and possessor of suit schedule properties which are agricultural lands and

not plots, as such the Defendant’s action of interfering with possession and

enjoyment of suit schedule properties on basis of perpetual injunction obtained in

respect of plots is per se illegal and arbitrary.

11) The Plaintiff submits that, the Defendant has no right over any part of the Suit

Schedule Property and without having any right or basis is illegally trying to

interfere with the Plaintiff’s peaceful possession and enjoyment over the Suit

Schedule Property.

12) The Plaintiff submits that, the Defendant has no right or title over any part of the

Suit Schedule Property and without any right or basis is illegally trying to interfere

with the Plaintiff’s peaceful possession and enjoyment over the Suit Schedule

Property.

13) It is submitted that, a perusal of documents coupled with pleadings, clinchingly

establish the fact that the Plaintiff has got both title and possession over the Suit

Schedule Property. A perusal of the same establishes that the Plaintiff has a prima

facie case in her favour and balance of convenience lies in favor of the Plaintiff. The

Plaintiff submits that, the Defendant has already tried to interfere with the

Plaintiff’s possession over the Suit Schedule Property and in the event if the
 Defendant comes up with more force to dispossess the Plaintiff from the Suit

Schedule Property, the Plaintiff being bonafide purchaser/owner and possessor of

the Suit Schedule Properties would be put to irreparable loss and injury which

cannot be compensated at any further point of time and in view of the same,

considering the facts, circumstances and equities, it is incumbent and imperative

for this Hon’ble Court to restrain the Defendant and his henchmen from

interfering with the Plaintiff’s possession and enjoyment over the Suit Schedule

Property by way of granting an injunction in favour of the Plaintiff as prayed for.

Further, as there is impending threat of Defendant’s interference with the

possession of the Plaintiffs over the Suit Schedule Property, the Plaintiff is left with

no other alternative except to approach this Hon’ble Court seeking the equitable

relief of Perpetual Injunction.

Hence, the present Suit.

IV. Cause of Action

The cause of action for filing of the present suit first arose when Sri Karrey Ramaiah

and others have executed a Registered Sale Deed dated 04.01.2006 in respect of

Schedule A property in favour of the Plaintiff; when Seelam Buchaiah and others

have executed Sale Deed dated 30.03.2007 in respect of Schedule B property in

favour of the Plaintiff; when the Plaintiff intended to fence the property and the

Defendant without any right/claim/basis tried to interfere with the possession and

enjoyment of Plaintiff on _____ and on the same day when the Plaintiff tried to

lodge a complaint before P.S.____ and when the police officials directed the Plaintiff

to approach competent court of law and as the Defendant along with his henchmen

are still trying to interfere with the possession of suit schedule property the cause of

action is still a continuing one.

V. Limitation

The suit is filed well within limitation as The cause of action for filing of the present

suit first arose when Sri Karrey Ramaiah and others have executed a Registered Sale

Deed dated 04.01.2006 in respect of Schedule A property in favour of the Plaintiff;

when Seela Buchaiah and others have executed Sale Deed dated 30.03.2007 in

respect of Schedule B property in favour of the Plaintiff; when the Plaintiff intended

to fence the property and the Defendant without any right/claim/basis tried to

interfere with the possession and enjoyment of Plaintiff on _____ and on the same

day when the Plaintiff tried to lodge a complaint before P.S.____ and when the

police officials directed the Plaintiff to approach competent court of law and as the

Defendant along with his henchmen are still trying to interfere with the possession

of suit schedule property the cause of action is still a continuing one.

VI. Jurisdiction

The cause of action took place within the jurisdictional limits of this Hon’ble Court

and the Suit Schedule Properties are situated within the territorial jurisdiction of this

Hon’ble Court. So also, as per the suit valuation this Hon’ble Court has got

pecuniary jurisdiction try and entertain the present suit. As such this Hon’ble court

is competent to try and entertain the present suit.

VII. Undertaking

The Plaintiff undertakes and states that she has not field any other suit against the

Defendant arising out of the same cause of action before any court of law or tribunal

in respect of the present suit schedule property.

VIII. Valuation

The Plaintiff values the present suit seeking a relief of Perpetual injunction as follows

(i) For the relief “A” seeking a relief of Perpetual Injunction restraining the Defendant

from interfering with the Peaceful possession of the Plaintiff over the Suit Schedule

A property the same is notionally valued at Rs.____,00,000/- (Rupees _________

Lakhs only) and an ad-valorem court fee of Rs. _______ is paid herewith under

Section 26 (c) of TS Court Fee and Suit Valuation Act.

 (ii) For the relief “A” seeking a relief of Perpetual Injunction restraining the

Defendant from interfering with the Peaceful possession of the Plaintiff over the Suit

Schedule A property the same is notionally valued at Rs.____,00,000/- (Rupees

_________ Lakhs only) and an ad-valorem court fee of Rs. _______ is paid herewith

under Section 26 (c) of TS Court Fee and Suit Valuation Act.

IX. PRAYER:

In view of the above, it is prayed that this Hon’ble court may be pleased to pass a judgment

and decree in favour of the Plaintiff and against the defendant as follows.

a. To pass a decree of perpetual injunction, in favour of the Plaintiff and against the

Defendant thereby restraining the Defendant, his henchmen and all persons acting on

behalf of the Defendant from interfering with the Peaceful possession and enjoyment of

the Plaintiff over the Suit Schedule A property.

b. To pass a decree of perpetual injunction, in favour of the Plaintiff and against the

Defendant thereby restraining the Defendant, his henchmen and all persons acting on

behalf of the Defendant from interfering with the Peaceful possession and enjoyment of

the Plaintiff over the Suit Schedule B property.

c. To award costs of the suit.

d. Grant any other reliefs as this Hon’ble court deem fit and proper in the circumstances of

the case.

Date:

Place: L.B.Nagar PLAINTIFF

COUNSEL FOR PLAINTIFF

VERIFICATION

I, Yamini Reddy W/o._________ Age: 44 years, Occ: Business, R/o. ________

_____________, Telangana do hereby solemnly state and affirm that the above

mentioned contents in para no. 1 to 13 are true and correct to the best of my knowledge.
Date: .10.2020

Place: L.B.Nagar Plaintiff

Schedule-A Property

All that part and parcel of the Agricultural land bearing Sy.No.189 (subsequently

Sy.No.189/AA/3/2) admeasuring Ac. 1-26 Gts, Sy.No. 190 admesaruing Ac. 1-

11 ½ Gts, total admeasuring Ac. 2-37 ½ Gts, situated at Keesara Dayara Village,

Keesara Mandal, R.R. District, which comes under the Grampanchayat Keesara,

Sub-District Shamirpet and bounded as follows:

North: Agricultural land of K. Ramaiah in Sy.No. 189, 190

South: Agricultural land of S.Laxmaiah & others

East: R & B Road (Keesara to Shamirpet)

West: Agricultural land of Bhagyalaxmi & others.

Schedule- B Property

All that agricultural land bearing Sy.No.189 (subsequently Sy.No.189/AA/3/2)

admeasuring Ac. 2-02 Gs, situated at Dayara Village, Keesara Mandal, Ranga

Reddy District, which comes under the Grampanchayat Keesara, Sub-district

Shamirpet and bounded as follows:

North: By Road

South: Agricultural land of Sy.No. 188

East: Agricultural land of Sy.No. 190

West: Agricultural land of S.Maisaiah and others.

VERIFICATION

I, Yamini Reddy W/o._________ Age: 44 years, Occ: Business, R/o. ________

_____________, Telangana do hereby solemnly state and affirm that the above

mentioned Schedule A & B properties and their boundaries are true and correct to the
best of my knowledge.

Date: .10.2020

Place: L.B.Nagar Plaintiff

LIST OF DOCUMENTS