Smt. Ammayyamma v. Sri. a. Gopala Reddy
Case brief
What is this about?
The High Court dismissed a writ petition under Article 227 challenging concurrent orders of the Trial Court and Appellate Court rejecting a temporary injunction in a partition suit. The courts below found that revenue records prima facie showed a prior partition, and the petitioners failed to establish a prima facie case. The High Court held that supervisory jurisdiction under Article 227 does not permit substituting its discretion for that of the lower courts absent perversity or jurisdictional error, and the belated stage of the suit further weighed against interference.
What did the court decide?
Writ petition dismissed. Any alienation by defendants of suit schedule properties during pendency of O.S. No. 469/2011 shall remain subject to final outcome of the suit and abide by the decree.