LANKA VENKATESWARLU Vs. STATE OF A P

JUDGEMENT

(1.) These appeals are directed against the order passed by a Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad in CMP Nos. 21114, 21115, 21116, 21117 and 21118 of 2003 dated 19th August, 2003. By the aforesaid order, the High Court has allowed all the petitions/applications.

(2.) In the applications/petitions, Respondent No.3, herein, had sought the following directions:

(3.) We may now briefly notice the relevant facts as stated in the pleadings of the parties and the impugned order of the High Court. The predecessor of the Appellants, i.e., Shri Lanka Venkateswarlu, (hereinafter referred to as original plaintiff), brought a suit O.S. No. 72 of 1979 before the subordinate judge Visakhapatnam 3 for the declaration of his title as the absolute owner of the suit schedule property and for permanent injunction restraining Respondents Nos. 1 and 2 from interfering with his peaceful possession. The suit schedule property, to the extent of 2 acres was, according to the original plaintiff, covered by survey No. 73/12 in Thokada village. He had purchased the suit schedule property by a registered sale deed dated 15th July, 1961 from one Gonna Appanna son of Venkataswamy of China Gantyda village. The original plaintiff was constrained to file the aforesaid suit on coming to know that Respondent Nos. 1 and 2 were claiming the suit schedule land to be "banjar land" which vested in the Government. He had also learned that the land was in imminent danger of being illegally alienated by the Respondent Nos. 1 and 2. They were claiming that the land was required to issue Pattas to weaker sections of society.