KANCHI VENKAYYA Vs. VELNATI GANGA RATNAM

JUDGEMENT

(1.) Heard Sri P.Rajasekhar, learned counsel for the petitioners. None represented the respondent online even this day, in spite of posting this matter from 30.11.2020 on the condition that this petition would be disposed of basing on the material, if none appeared for the respondent this day.

(2.) S.A.No.288 of 2010 is pending on the file of this Court preferred against the decree and judgment in A.S.No.23 of 2006 on the file of the Court of learned Senior Civil Judge, Pithapuram, which was in turn preferred against the decree and judgment in O.S.No.161 of 2003 dated 06.09.2006 on the file of the Court of learned Junior Civil Judge, Tuni. O.S.No.51 of 2010 was filed by the respondent herein as the plaintiff against both the petitioners herein for grant of permanent injunction with reference to the property in dispute restraining them from interfering with the alleged possession and enjoyment of the property in dispute. It was decreed by the judgment of the Court of Principal Junior Civil Judge, Tuni, on 30.11.2017. Against the above decree and judgment, A.S.No.4 of 2018 was preferred by the petitioners herein on the file of the Court of learned XII Additional District Judge, Pithapuram, against the respondent.

(3.) Now, the contention of Sri P.Rajasekhar, learned counsel for the petitioners is that the crux of this dispute is a settlement deed dated 26.08.2002 in both the matters and the latter suit in O.S.No.51 of 2010 is only an off-shoot of the earlier suit in O.S.No.161 of 2003. The 1st petitioner is none other than the brother of the respondent.