LAW FOR ALL

For seeking temporary injunction, the petitioner has to prove that she is in possession and enjoyment of the petition schedule property on the date of filing of the suit and that she has to comply the provisions of Order 39 Rule 1 and 2 of CPC i.e., prima facie case, balance of convenience in her favour and irreparable loss being caused to her if temporary injunction is not granted. The petitioner in order to prove her possession over the petition schedule property has filed documents - Exs.A.3, A.4 and A.5. But, Exs.A.3 to A.5 are issued based on Exs.A.1 and A.7, and these documents do not in any way establish the possession of the petitioner over the petition schedule property. Except, Exs.A.3 to A.5, the petitioner has not filed any authentic material to show that she is in possession of the petition schedule property as on the date of filing of the suit. As such, it cannot be said that the petitioner has prima facie proved her possession over the petition schedule property. So far as the admission of respondent No.1 in his deposition and the report of the Advocate Commissioner in O.S.No.234 of 1979 on the file of the Subordinate Judge, Guntur are concerned, the petitioner has to bring the same on record during the course of the trial in the suit and it cannot be dealt with at this interlocutory stage.