JAYARAMI REDDY M Vs. SIDDAVARAM SALAMMA

JUDGEMENT

(1.) The Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the entertainment of P.O.P. No. 806 of 2002 and the order in I.A.No. 3817 of 2002 dated 14-11-2002 in the said P.O.P. on the file of the District Judge, Cuddapah.

(2.) The first respondent herein filed the said POP No. 806 of 2002 on the file of the District Judge, Cuddapah to accord permission permitting her to file a suit to declare her as a pauper and permit her to sue as in forma pauperis. Pending the suit, she filed I.A.No. 3817 of 2002 for grant of temporary injunction prohibiting the 2nd respondent herein from paying the compensation amount in respect of the suit schedule property to the petitioners herein who are the defendants in the said suit. The suit was filed for the following reliefs: (a) to declare that the plaintiff is entitled to receive the compensation amount awarded in respect of 'A' schedule property; (b) To grant permanent injunction restraining defendant No.3 from paying compensation amount in respect of 'A' schedule property to defendant Nos. 1 and 2; (c) To direct the defendant Nos.l and 2 to pay the costs of the suit. The Civil Court entertained the said suit and also granted interim injunction by order dated 14-11-2002 directing 2nd respondent herein to keep the compensation amount in deposit during the pendency of the suit and the 2nd respondent herein directed not to pay the said amount to the petitioners herein pending disposal of the suit.

(3.) The brief facts of the case are as follows: It is stated that the first petitioner is the absolute owner of Ac. 0.30 cents of the land situated in Sy.No. 87/1 and Ac. 0.30 cents of land situated in Sy.No. 85/5 in all Ac. 0.60 cents of Rekalakunta Village, Gopavaram Mandal, Cuddapah District. The father of the first petitioner purchased the same on 25-6-1975 from Sagili Yesudas @ Chinnaiah and his name was also mutated in the Revenue Records and thus his father is in continuous possession and enjoyment for the last 27 years. It is stated that his family has been in possession and enjoyment of the said property for the last 27 years and in the family partition the land fell to the share of the first petitioner. It is stated that the 2nd petitioner is the owner of Ac.0.61'/2 cents of land situated in Sy.No. 87/1 of the said village having purchased the same from one Ummal Reddy Subbarayudu under a sale deed dated 6-8-1975. His father purchased the said property under a sale deed dated 31-5-1975 from one Sagili Veeraiah @ Devadas. Eversince the 2nd petitioner has been in possession and enjoyment of the same and his son also constructed a house in an extent of Ac. 0.02 cents. The said land was acquired for the purpose of Somasila Project in the year 1994 and an award has been passed and compensation was paid to the son of the 2nd petitioner namely; Chintamreddy Pedda Venkata Subba Reddy. The 1st respondent herein never made any claim in respect of the property in question.