K. PANDURANGAN Vs. C. PARIMALA

JUDGEMENT

(1.) There are two batches of litigation. They are separately tried. However, given the factual matrix and evidentiary significance that one throws on the others, this Court has chosen to consolidate them for pronouncing judgment.

(2.) A broad opening statement may be made : There are three prime characters in this batch of cases: (a) Bolla Arunakumari and another; (b) Sudhakar Reddy; and (c) Pandurangan. Pandurangan's wife is one Vijayakumari. She has a very minimal role in both the batches of cases. There are three adjacent plots in a layout viz., Plot No.10, Plot No.11 and Plot No.12. Bolla Aruna Kumari claims title to Plot No:10, Vijaykumari is the owner of Plot No:11 and Sudhakar Reddy asserts title over Plot No:12. The broad allegations of the title holders of Plot No.10 & Plot No.12 are that Pandurangan, the occupant of Plot No.11, which is a middle plot of the three, has forcibly occupied the two adjacent plots - Plot Nos.10 & 12. Initially Bolla Aruna Kumari, and Sudhakar Reddy had come up with independent suits, for bare injunction against Vijayakumari and Pandurangan, the owner and occupant of plot No:11 before the City Civil Court. The details are as below : <IMG>JUDGEMENT_99_LAWS(ALL)12_2021_1.jpg</IMG> Be that as it may, after Sudhakar Reddy had instituted the suit, Pandurangan had laid an independent suit in C.S.No.446 of 2009 on the file of this Court against the former for a declaration of his title over plot No:12 (of which Sudhaher Reddy is the owner) on a plea of adverse possession. Alleging that during the pendency in O.S.No. 4031 of 2009 and O.S.No.3856 of 2009 that Pandurangan had completed the encroachment, the respective title holders of plots No:10 and 12 have instituted separate suits for declaration of their respective title an for recovery of their respective plots with past and future damages. In the meantime, the suits that they had earlier filed before the City Civil Court were transferred to the file of this Court and were consolidated. Presently, the two batch of cases appear as below: <IMG>JUDGEMENT_99_LAWS(ALL)12_2021_2.jpg</IMG>

(3.) The connecting cord that prompted this Court to consolidate both these batch of cases is fundamentally founded on the strategy that Pandurangan and his wife Vijayakumari have evolved in trying to telescope certain fact pertaining to Bolla Arunakumari to non suit Sudhakar Reddy. This is possible only if the evidence in both the batch of suits are considered conjointly and not separately. FACTS: