KATAPAGA YADAGIRI Vs. B MAHESHWAR REDDY

JUDGEMENT

(1.) These two matters arise out of a common order passed by the Court of District Munsif, Shadnagar, Mahabubnagar, in E.A.Nos. 13 and 14 of 1983 in E.P. No.5 of 1983 in O.S.No. 22 of 1962. C.R.P. No. 2199 of 1991 is filed against E.A. No. 13 of 1983 whereas A.S.No.469 of 1993 is directed against the order in E.A. No. 14 of 1983. Hence, these matters are disposed of by this common judgment.

(2.) The petitioners in C.R.P. are the appellants in A.S.No.469 of 1993. For the sake of convenience, they are referred to as appellants. The respondent is common in the revision as well as the appeal.

(3.) The appellants are the legal representatives of one K. Pentaiah. He and his brother-K. Lingaiah filed O.S. No.22 of 1962 on the file of the Court of District Munsif, Shadnagar, for the relief of declaration of title and recovery of possession in respect of Ac. 42.18 guntas of land in Sy.Nos.213 to 218 and 235 of Rangareddyguda Village, Balanagar Mandal, Mahabubnagar District, against three defendants by name, Laxma Reddy, Ravinder Reddy and P. Venkaiah. Laxma Reddy and Ravinder Reddy remained ex parte and 3rd defendant-Venkaiah alone contested the suit. The suit was ultimately decreed on 14-9-1964. The matter was carried in appeal by Venkaiah, who filed A.S. No. 57 of 1964 in the Court of District Judge, Mahabubnagar. During the pendency of the appeal Pentaiah died. Therefore, the appellants herein were brought on record as his legal representatives. The appeal was dismissed on 17-11-1967, The 3rd defendant filed S.A. No. 122 of 1968 in this Court.