SALAPU RAMANA Vs. SALAPU SANYASI RAO

JUDGEMENT

(1.) THE respondent filed O.S.No.226 of 2009 in the Court of Principal Senior Civil Judge, Anakapalli, against the petitioners herein, for the relief of perpetual injunction in respect of, as many as 21 items of suit schedule property, which are agricultural lands of small bits. He has also filed I.A.No.814 of 2009 under Order XXXIX Rules 1 and 2 C.P.C., for injunction against the petitioners. He narrated the manner in which, he is said to have acquired the rights over the property, after the death of his father, and the nature of rights, being exercised by him, vis -à -vis the land. He alleged that the petitioners were interfering with his possession without any basis.

(2.) THE petitioners filed counter, denying the allegations. According to them, the suit schedule property is held by the joint family, and the respondent was not entitled to claim absolute rights over it. The trial Court allowed the I.A., through its order dated 21 -07 -2010. Aggrieved by the same, the petitioners filed C.M.A.No.34 of 2010, in the Court of VII Additional District Judge (Fast Track Court), Visakhapatnam. The C.M.A was dismissed, through order dated 30 -12 -2010. Hence, this revision.

(3.) SRI T.V.S. Prabhakar Rao, learned counsel for the respondent, on the other hand, submits that the suit schedule property exclusively belongs to his client, and the same is evident from Exs.P -1 and P -2, the pattadar pass books and title deeds. He submits that the latest adangals also support the claim of the respondent and the petitioners miserably failed before both the Courts below, to establish their possession over the property.