DHANEKULA VARA PRASAD Vs. BOBBA ANITHA

JUDGEMENT

(1.) Plaintiffs in the suit filed the above revision against the order dtd. 7/4/2022 in C.M.A.No.10 of 2020 on the file of V Additional District Judge, Vijayawada reversing the order dtd. 17/3/2020 in I.A.No.683 of 2019 in O.S.No.2039 of 2019 on the file of III Additional Junior Civil Judge, Vijayawada.

(2.) Plaintiffs filed suit O.S.No.2039 of 2019 against the defendant seeking perpetual injunction.

(3.) The case of the plaintiffs, in brief, is that Dhanekula Sitaramaiah and Dhanekula Paparao are father and son; that said Sitaramaia and Paparao partitioned their ancestral properties on 18/1/1940 and the same was registered; that out of said partition, total extent of Ac.6.04 cents in R.S.No.368/3 fell to the share of Paparao; that said Paparao sold away Ac.1.56 cents to one Tullimilli Kotaiah and also sold away Ac.1.24 cents; that remaining extent of Ac.3.24 cents, vacant site, is in possession and enjoyment of said Paparao; that Paparao blessed with five sons and one daughter; that one son Dhanekula Bhaskararao died intestate on 4/3/2016 leaving behind him his wife, 3rd plaintiff and daughters, plaintiffs 4 and 5 as his legal heirs; that another son Dhanekula Ramalingeswara Rao also died intestate on 17/12/1995, leaving behind him his wife, 6th plaintiff and daughters, plaintiffs 7 and 8 as his legal heirs; that two more sons Dhanenuka Venkata Subbarao and Dhanekula Veera Raghavarao died issueless on 5/8/1987 and 3/10/1989 respectively; that Dhanekula Paparao died intestate on 30/10/1989 leaving behind his wife Kutumbamma and the plaintiffs as his legal heirs; that defendant is the owner of East-South corner land of plaint schedule property; that defendant tried to encroach into the plaint schedule property about 300 square yards and hence, the suit was filed seeking perpetual injunction.