LAKKOJI MOHANA RAO Vs. LAKKOJI VISWANADHAM

JUDGEMENT

(1.) Being aggrieved by the order dated 21-09-2011, passed in I.A. No. 115 of 2011 in O.S. No. 55 of 2005 on the file of Junior Civil Judge, Pathapatnam, Srikakulam District, the present Civil Revision Petition is filed.

(2.) The Petitioner herein is the first Defendant in O.S. No. 55 of 2005, first Respondent herein is the Plaintiff and the Respondents Nos.2 to 4 herein are the Defendants Nos.2 to 4 in the said suit.

(3.) The brief facts of the case are as follows : The petitioner herein is the elder stepbrother of the first respondent-plaintiff. The petitioner herein, his mother and his elder sister filed O.S. No. 87 of 1976 on the file of Principal Senior Civil Judge, Srikakulam against the first respondent herein and his elder sister for partition of the family land and the house property, the said suit was decreed. In the Appeal i.e. in A.S. No. 163 of 1978, the District Court, allowed the Appeal in part and accordingly final decree was passed in I.A. No. 450 of 1978 and in terms of the said final decree, the properties were partitioned and possession was delivered to each of the parties in E.P. No. 61 of 1983, since then, the parties are in possession of their respective allotted shares. The first respondent herein filed O.S. No. 55 of 2005 alleging that the petitioner herein has been attempting to trespass into the land allotted to him. The petitioner herein has admitted about passing of the decree in O.S. No. 87 of 1976 and also about the execution proceedings, but his main version is that there was no actual delivery of the properties as per the proceedings in E.P. No. 61 of 1983, though it was only a paper delivery. His main case is that after conclusion of the E.P. proceedings, the parties were not satisfied and the disputes were not ended, then both the parties approached the elders and as per the advice of the elders, the properties were again partitioned on 14-03-2004 and since then the petitioner herein is in possession and enjoyment of those properties.