APHC010528672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CIVIL REVISION PETITION NO: 2981/2024 Between: 1. PEDDIREDDY SUBBA REDDY, S/O NARAYANA REDDY HINDU, CULTIVATION, AGED ABOUT 42 YEARS, R/O D.NO. 10-2554, CHENNAMPALLI VILLAGE OF BADVEL MUNICIPALITY, KADAPA DISTRICT. ...PETITIONER AND 1. THELLA RAMANAMMA, w/o Ramaiah, Hindu, house wife, aged 45 years, R/at Rooparampet, Badvel town and Municipality, Kadapa District. ...RESPONDENT Counsel for the Petitioner: 1. L J VEERA REDDY Counsel for the Respondent: 1. DHEERA KANISHKA The Court made the following ORAL ORDER: Heard Sri L.J. Veera Reddy, learned Counsel for the Petitioner and Sri Dheera Kanishka, learned Counsel for the Respondent. 2 2. The concurrent findings of the Trial Court as well as the Appellate Court are under challenge. The Suit bearing O.S.No.106 of 2021 is filed by the Respondent/Plaintiff herein seeking Permanent Injunction. The Plaintiff has also filed I.A.No.669 of 2021 seeking Temporary Injunction. The Trial Court having considered the contentions of both sides, had granted an Order of Temporary Injunction in favour of the Respondent herein (Plaintiff), vide Order dated 21.09.2021. The Defendant (Petitioner herein) has assailed this Order of Civil Judge (Junior Division), Badvel dated 21.09.2021 in I.A.No.669 of 2021 by preferring C.M.A before the VI Additional District Judge, Kadapa, vide C.M.A.No.31 of 2021. Vide, Order dated 05.08.2024, the learned VI Additional District Judge was pleased to dismiss the said Application filed by the Defendant (Petitioner herein). The aggrieved Defendant (Petitioner herein) has filed the present C.R.P challenging the concurrent findings of the Court below. It is the contention of the learned Counsel for Petitioner that the Courts below have committed an error in placing reliance on a Certificate of Possession issued by the Revenue Divisional Officer dated 29.03.2011 for an extent of Ac.0.03 cents in Sy.No.800/2 (Plot No.11/A). 3. Learned Counsel for the Petitioner herein (Defendant) would submit that the ‘Anubhandham Certificate’ granted by the Revenue Divisional Officer can never be a proper document to authenticate the current possession of the Plaintiff, who is Respondent herein. 4. Learned Counsel for the Respondent has drawn the attention of this Court to the relevant portion of the Order passed by the learned Trial Judge. He has also drawn the attention of this Court to Para Nos.11 & 15 of the Order of the Trial Judge dated 21.09.2021. He has also drawn the attention of this Court to the findings rendered by the Appellate Judge namely VI Additional District Judge, Kadapa, vide Order 05.08.2024. 5. Learned Counsel for the Respondent has placed reliance on the Judgment rendered by the Hon’ble Apex Court in Esha Ekta Appartments CHS Limited and Others Vs. Municipal Corporation of Mumbai and 3 Another : [(2012) 4 SCC 689]. He has drawn the attention of this Court to Para Nos.19 to 21. 6. This Court has considered the findings rendered by the Appellate Judge as well. However, for the sake of disposal of the present Civil Revision Petition, reference to the relevant paragraphs shall suffice. This Court has considered the Para Nos.15 to 19 of the Order passed by the learned Appellate Judge as well as Para Nos.22 & 23 dealing with the balance of convenience as well as the irreparable injury that could be caused. Having considered the same, this Court is not inclined to interfere with the concurrent findings, inasmuch as it is the opinion of this Court that the findings rendered by the learned Trial Judge as well as Appellate Judge are in accordance with law. 7. Accordingly, this Civil Revision Petition is dismissed. No Order as to Costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 20.01.2025 JKS 4 93 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD C.R.P.No.2981 of 2024 20.01.2025 JKS