K PAVAN Vs. SPECIAL EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for issuance of an appropriate writ, particularly, one in the nature of Mandamus directing the respondents to preserve the disputed property bearing No. 10-2-91/87, Road No. 3, West Marredpally, Secunderabad as per the proceedings of the first respondent in M.C.No. B/60/1989, dated 12-6-1995. The petitioner also prays for issuance of appropriate directions to initiate action against the persons responsible for changing the nature of the property.

(2.) There is any amount of dispute between the parties in respect of the property aring No. 10-2-91/87, Road No. 3, West Marredpally, Secunderabad (for short 'the said property'). The petitioner and respondents 6,7 and 8 exclusively claim the proprietary rights over the said property. Even according to the averments made in the affidavit filed in support of the writ petition, the said property belongs to one late Smt. P. Anjanamma, widow of late Guru Swamy Naidu. The said Anjanamma had five sons and two daughters. The petitioner is the son of the eldest daughter-late Smt. Lalitha w/o. late K. Rama Krishna. The said Anjanamma is alleged to have executed a Will in favour of her children in the year 1978 and the same was registered in the office of the Sub-Registrar, Marredpally, Secunderabad vide document No. 580/1978. As per the said Will, the daughters and sons are entitled to enjoy 1/7th share in the rent and income of the said house and her eldest son P. Om Rao was appointed as an executor of the will deed. Anjanamma died on 4-1-1980.

(3.) Certain disputes had arisen between the two sets of parties. One set represented by P. Om Rao and another set represented by Smt. P. Urmila, w/o. T.K. Kondandaram. Each one of them claims exclusive proprietary rights in the said property.