B NARSIMHAPPA Vs. K NARAYANAPPA

JUDGEMENT

(1.) The present Civil Revision Petition is filed questioning the order dtd. 26/7/2016 in C.M.A.No.6 of 2015 passed by the Additional District Judge, Hindupur.

(2.) The petitioners are the defendants and respondent herein is the sole plaintiff. Originally, O.S.No.123 of 2000 was filed for declaration of title and possession with regard to suit schedule property. The case of the plaintiff was that Kotnuru Lingappa, Kotnuru Nadipi Rangappa and Kotnuru Chinna Rangappa were brothers. Kotnuru Lingappa had a son by name Narasimhappa and the plaintiff and his brother Lingappa are sons of Narasimhappa. Nadipi Rangappa had one son by name Guddamappa, who died leaving behind his wife Aswarthamma and his sons Gopalappa and Rangappa. China Rangappa had two wives Obulamma and a teacher Adilakshmamma. The petition schedule property was a self-acquired property of the teacher Adilakshmamma, who died intestate on 24/7/1985. On her death, the property devolved on the heirs of her husband.

(3.) The Defendant No.1 filed O.S.No.431 of 1985 before District Munsifs Court, Hindupur for permanent injunction against plaintiff and others and was granted temporary injunction in I.A.No.1271 of 1985 on 9/8/1985. The said suit was filed on the basis of a Will executed by late Adilakshmamma on 10/6/1985. The said suit was transferred to Sub-Ordinate Judges Court, Penukonda and was renumbered as O.S.No.18 of 1987 and was tried along with O.S.No.125 of 1980 and a common judgment was passed therein dismissing both suits. Defendant No.1 filed appeal A.S.No.23 of 1988 before Additional District Judges Court, Hindupur and the same was dismissed on 30/11/1988. No further appeal was filed thereon and the suit attained finality.