MUDDIREDDI LAKSHUMMA Vs. CHENNUBOYINA NARAYANA

JUDGEMENT

(1.) The petitioner, 2nd defendant in the suit, filed this Civil Revision Petition under Article 227 of the Constitution of India questioning the order dtd. 28/3/2019 passed in C.M.A.No.11 of 2017 by the Principal District Judge, Kadapa, wherein and whereby the order passed in I.A.No.750 of 2015 in O.S.No.556 of 2015 passed by the III Additional Junior Civil Judge, Kadapa, granting temporary injunction restraining the revision petitioner/2nd defendant and other respondents/defendants and their men from interfering with the peaceful possession and enjoyment of the 1st respondent/ plaintiff over the petition schedule property till disposal of the main suit, was confirmed.

(2.) The 1st respondent herein filed O.S.No.556 of 2015 before III Additional Junior Civil Judge, Kadapa, against the petitioner herein/2nd defendant and the 2nd respondent/1st defendant, for permanent injunction restraining the defendants, their men and their associates from interfering with peaceful possession and enjoyment of suit schedule by the plaintiff. Later, on the death of 2nd respondent/1st defendant, his legal heirs - the respondents 3 to 6 were added as defendants 3 to 6 as per order passed in I.A.No.940 of 2016 dtd. 22/7/2016. The 1st respondent/plaintiff also filed I.A.No.750 of 2015 in the said suit under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 praying the Court to grant temporary injunction till disposal of the suit.

(3.) The case of the 1st respondent/plaintiff is that his father by name Chennuboina Nagaiah and his paternal grandfather Chinna Pullaiah jointly purchased the land extent Ac.0.50 cents out of Ac.1.87 cents in Circar Punji D.No.67/1 of Vallur Village along with some other lands under a registered Sale deed dtd. 9/6/1965 vide Document No.2168 of 1965 and the land was in their possession and enjoyment. In the oral partition, the land fell to the share of his father. His father also purchased the land extent Ac.0.94 cents out of Ac.1.87 cents in Circar Punji D.No.67/1 of Vallur Village under registered Sale deed dtd. 16/12/1967 vide Document No.4412 of 1967. His father also purchased the land extent Ac.0.43 cents out of Ac.0.94 cents out of Ac.1.87 cents in Circar Punji D.No.67/1 under registered Sale deed dtd. 3/1/1985 vide Document No.23 of 1985. Since then, his father had been in possession and enjoyment of the said land and his father also mortgaged the said property to PACS, Vallur and obtained loan. In the family arrangement between himself and his father in the year 1995, the entire extent of land i.e., Ac.1.87 cents in Survey No.67/1 was fell to his share. Since then, he has been in exclusive possession and enjoyment of the said land without objection from anybody. He dug a bore well in the piece of land i.e., Ac.0.50 cents and got electricity connection to the said bore well and cultivating the land extent Ac.1.87 cents by raising seasonal crops in the petition schedule property. He also obtained crop loan to the said land. In the month of September, 2015, the revision petitioner along with respondents 3 to 6 herein, without having any right and interest, highhandedly trying to encroach upon the petition schedule land extent Ac.0.22 cents, which is part and parcel of total extent Ac.1.87 cents, situated in D.No.67/1 of Vallur Village.