MARISA MANIKYAM Vs. KUBIREDDY APPARAO

JUDGEMENT

(1.) Unsuccessful petitioners in I.A.No.376 of 2021 who filed petition seeking to implead them as plaintiffs in suit O.S.No.69 of 2012 on the file of Senior Civil Judge, Anakapalle, filed the above revision.

(2.) 1st Respondent in the revision, being plaintiff filed suit O.S.No.69 of 2012 against the 2nd respondent in revision, being defendant, seeking declaration of title and consequential permanent injunction.

(3.) In the plaint, it was contended interalia that plaintiff purchased vacant site admeasuring 1183.33 square yards in S.No.110/1 of Agraharam veedhi within the limits of Kasimkota Gram Panchayat from Thopalli Suryakantham and Omkar represented by their power of attorney holders Yellapu Srinivas and Karanam Surya Prakash through a registered sale deed dtd. 21/7/2008 for valuable consideration; that from the date of purchase, plaintiff has been in possession and enjoyment of schedule property; originally, vacant site admeasuring 2750 square yards in S.No.110/1 of Kasimkota village belonged to Thopalli people; that Thopalli Suryakantham and Omkar who succeeded to the above extent executed registered agreement of sale-cum-Power of Attorney dtd. 13/4/2007 in favour of Yellapu Srinivas and Karanam Surya Prakash; that said power of attorney holders alienated vacant site admeasuring 1566.66 square yards, out of 2750 square yards to plaintiff and Kosireddi Syamala Devi through a registered sale deed dtd. 10/1/2008 and the remaining extent of 1183.33 square yards to plaintiff through registered sale deed dtd. 21/7/2008; that defendant with an intention to grab the plaint schedule property got created sale agreement-cum-power of attorney dtd. 1/2/2008 and filed suit O.S.No.36 of 2008 on the file of Principal Junior Civil Judge, Anakapalle against Yellapu Srinivas and Karanam Surya Prakash, Kubireddy Apparao (plaintiff), Kosireddy Syamala Devi and Malla Bulibabu for permanent injunction and filed I.A.No.167 of 2008 for grant of temporary injunction; that defendants filed detailed counter and the said I.A. is pending disposal; that defendant denied title and hence, suit was filed seeking declaration and consequential permanent injunction in respect of 1183.33 square yards.