The High Court · 2025

katesh, S/o. P. Narsimh a, 47 years, Business JVothi, Wo. late P. Srinivas, 45 years, f D/o late P. Srinivas, aged 25 years, S/o. late P. Srinivas, 23 years, Slo. late P. Srinivas,2l years, Wo. Narasimha, years, Household, lkuntala, B_ are R/o. Door No. 2-64, Chandanagar Village, Serilingampally . Ranga Reddy District ll, ptha, D/o. late Madhavi and Girinath, 26 years Advocate, D'l to Manda

10. tVl. Sw 1 1.M. Sneha, D/o. l;rte l\rladhavi and Girinath, Wo. Uday, 24 yearc. Household, 10 and 11 are RtO 2-2-1125i9, Narasimha Basthi, Nevr Nallakunta, Hyderabad (The respondenls Nos. 5,10 and'1 1 are not necessary parties) ...RESPONDENTS/RE SPONDENTS lA NO: 3 OF 2025 Petition under order 39 Rules 1 & 2 rlw Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petilion, the High Court may be pleased to grant temporary injunction restraining the respondents, their men, agents and those who are claiming through them frc m alienating, creating any charge and changrng the nature of the schedule li,rnds pending disposal of the CMA SCHEDULE A OF PROPERTY All that land in S.No. 172, admeasuring acs. 0.09 gts. situated at Chandanagar Village, Hyderabad West now in Serilingampra lly ltrlandal, Ranga Reddy District and bounded on NORTH: Land of A flangaiah SOUTH: Land of Rarnachandra Reddy EAST: Neighbours lan d WEST: Lands of P. S;hakuntala & Others SCHEDULE B OF PROPERTY All that land in S.No. 19, edmesturing acs. 0.01 admeasuring at 0.04, and in S-No,22. sdmeasuring acs gts. situated at ChanC;:nagar and bounded on: gts. and in S.No. 21, 0.1 2 gts in all ac.0.20 NORTH: Land of P. Pochalah SOUTH. Shakuntala and Lingamma House EAST: Land of Laxm arnma WEST: S.No. 21 &21/ SCHEDULE C OF PROPERTY All that lands in S.Nos. 165/44, admeasuring ac. 0.09 gts, and S No. 1 65iE, in all admeasuring ac. 0.1 8 gts. situated at Chandanagar Village, Rajendranagar Tq. Now in Serilingamapally Mandal, Ranga Reddy District and bounded on NORTH: Land of Venkaiah SOUTH: Land of Narasimha EAST: Land of Surgadass WEST: S.No. '165/E SCHEDULE D OF PROPERTY All that lands Chandanagar Village, bounded on IN S.No, 25, admeasuring acs. 0.12 gts Serilingampally tt/landal, Ranga Reddy situated at District and NORTH: Land of Pedda Mallaiah SOUTH: Grave Yard EAST: Land of Pochaiah WEST: Land of Chittari SCHEDULE E OF PROPERTY All that lands in S No. 164/4, admeasuring ac. 0.09 gts, and S.No. 164lAA, admeasuring acs. 0.'1 1 gts. in all ac. 0.20 gts. situated at Chandanagar Village, Serilingampally Mandal, Ranga Reddy District and bounded on NORTH: Land of Vendees P. Lingamma & Shankuntala SOUTH: Land of Vendees P. Lingamma & Shankuntala EAST: Land of P. Venkatesh WEST: Ameenpur Road SCHEDULE F OF PROPERTY All that land in 65, admeasuring ac. O.12 gts. situated at Chandanagar Village, Serilingampally Mandal, Ranga Reddy District and bounded on NORTH: Land of Kandi ltilaisamma SOUTH: Land of Sara Narasaiah EAST: Cheru (Katta) WEST: Land of Kanrii Maisamma SCHEDULE G OF PROPERTY All that lands in S.No. 229lA/1, admeasuring acs 6.24 g1s. and S.No. 2291AN1, admeasuring ac. 0.20 gts- in all admeasuring acs. 07.0,r1 gts. situated at Chelmeda Village {i P. Chelmeda Kalan and Munpally lr,4andal, l\/edak District and bounded on NORTH: Land of Police Sangappa SOUTH: Edulapally l\arasaiah & Kondagolla Kondaiah EAST: Land of Komert Satyamma WEST: Land of -l-elur;rr Anjamma SCHEDULE H OF PROPERTY All that lands in S.No.64, admeasuring acs.3.33 gts, and S.lrlo. 229lAA/1. situated at Chelmeda r/illage G.P. Chelmeda Kalan and IMunpally Mandal, Medak District and bounded on NORTH: Land of Yel chala Rani Reddy SOUTH: Edigi Siddaiah EAST: Land of Br:dagama Anjamma WEST: Land of Dasari Balalah SCHEDULE IOF PROPERTY All that land in Si.No. 5, admeasuring acs_ 10.37 gts. situated at Chelmeda Village G.P. Chelme,J;r Kalan and Munpally Mandal, Medal.r Distri,:;t. lt is a full survey number and no boundaries were mentioned in the sale deed. SCHEDULE J OF PROPERTY All that lands in S No. 2261E, admeasuring acs. 4.12 gt.s. and S.No. 22614, admeasuring ac. 4.1iL gts. S.No. 227lAA, admeasuring acs 5.32 gl:; 2271A, and admeasuring acs. 6.32 gls. admeasuring in all admeasuring ac:;. 22.0g gts. situated at Yelgoi Village G.P. Yelgoi, Jarasagaram lVlandal of Meda< District Jnd bounded on NORTH: Vagu SOUTH: Land of Krishnam Raju EAST: Road WEST: Land of Choulappa SCHEDULE K OF PROPERTY All that lands in S.No. 226lE^E,.admeasuring acs. 4.12 gts. and S.No. 22614,4, admeasuring ac. 412 gts. s.No. 227rEE,-admeasurin! acs. 6.33 gts-lzlfc adme.asuring acs- 6.33 gts. admeasuring in aI admeasuiing acs. 22.od. situated at Ye.lgoi Village G-P. Yelgol, Jarasagaam Mandal of Medak-District and bounoeo NORTH: Land of D.K.S.N. Varma SOUTH: Road EAST: Land of D.K.S.N. Varma WEST: Land of Siddappa SCHEDULE L OF PROPERTY All that House bearing No- i-36/1/4 of in S.No. 207lA, standing on an area of 200 sq. yds. situated at Chandanagar Viilage, Serilingampall| fUanaat a Municipality, Ranga Reddy District and Oounded oi NORTH: Land in S.No. 207lA SOUTH : Land in S.No. 207lA EAST: Chandanagar to Ameenpur Road WEST : Land in S.No. 207lA Counsel for the Appellants: Sri y. Krishna Mohan Rao Counsel for the Respondents 1 to g: Sri Vishal Mahrana (Absent) The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SMT. JUSTICE P. SREE SUDHA C.M.A. No.5 OF 2025 ORDER: (Per Hon'ble Smt. Justice P. Sree Sudha) Learncd Counsel for [he appellant present anrl the learned CounseI for the respondent absent.

2. Heard learned Counsel for the appellant.

3. This Civi Miscellaneous Appeal is directecl against the order dat:eri 26.O9.2023 in LA. No. 117.5 ol 2021 in O.S. No.263 ol 2O2l on the liie ol VI Additional District Judge , P.anga 1'leddy District at Kuka tpally.

4. The suit f or partition is filed by the plaintiffs zrgainsl. their father, brolher s and also children of 2"d wife of D- I . Durirrg the pendency of th e suit, an I.A. is filed requesting lhi: Court not to alienate or crea,e any charge over the property and also change the nature of th,: suit schedule property.

5. The Lrral CourL aftcr consiclenng thc arguments on both sides, dismisscc the said application.

6. Aggrieve,l by the said order, the present CMA is preferred.

7. It is cor-- tended that the mother of the appellants, Smt. Lingamma pu:-c hased the properry, uide registererl sale deed document No.l31l56/ 1969 dated 29.12.1969 and it is her self- I 2 acquired property and she died on 01.10.1994 leaving behind the petitioners and respondent Nos.1 to 3 as her heirs. Respondent No. 1 is having two wives viz., Lingamma and Shakuntala. Lingamma died and Shakuntala alive. The petitioners are daughters ol de ceased Lingamma. As the joint family members denied their share, they filed the suit for partition.

8. There is no dispute rcgarding relationship. The appellants herein filed trX. p- 18 release deed. The trial Court observed that whcther the release deed is obtained fraudulentiy or not, is to be gone in the mair-r case, and further stated that the appellants have not hled any evidence to show u,hether the property purchased by Lingamma is from her independent income or not. The said aspect is a triable issue and it is to be decided in the main suit, afl-er full-fle dged trial by adducing evidence on both sides, it rs thc duty of the trial Court to protect the interests of the parties during the pendency of the case before the Court and as such this Court finds the trial Court erred in dismissing the petition and the order of the trial Court is set aside.

9. Accordingly, the CMA is allowed and the respondents are restrained from alienating the property, change the nature of J the properqr' and also to create any third party interest. against the said property. No costs. Miscellaneous petitions, if any, pending in the CN,iA, shall stand close<l . //TRUE COPY// Sd/. K. SRINIVASA RAO GISTRAR ( OFFICER To,

1. The Vl Additional District Judge, Ranga Reddy District at Kukatpally 2. One CC to Sri Y. Krishna lvlohan Rao, Advocate [OPUC] 3. Two CD Copi,es; VH/DL L't' One <r-Jo sr,(.Wa\nJ t-,o[v"vr,., AAvocoL 46 ps61 Y1lrr { 1rr- :' !A t 6' i) (-) 0 7 AI]fl 20ffi J/ z C) -b 4 + .() * ^_ \ 1.. \-.-t- .:- :l HIGH COURT DATED:1910312025 ORDER CMA.No.S of 2025 ALLOWING THE CMA e4d) k frlr'