GADIKOTI RATNAKAR REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The case of the petitioner herein is that the petitioner's father purchased the property to an extent of Ac.21.35 in Sy.No.58 in Budidapadu Village, Chapadu Mandal, Kadapa District in the year 1979 from the 6th respondent and his mother under unregistered Agreement of Sale and after receiving the entire sale consideration the possession was also delivered to the petitioner's father and ever since he was in possession of the property till his death. After the death of the petitioner's farther, the petitioner and his brother succeeded the subject land and both are in continuous possession of the same. When the 6th respondent tried to interfere with the possession, the petitioner got filed a suit vide O.S.No.124/2009 on the file of Junior Civil Judge Court, Mydukur for permanent injunction and wherein the same was decreed on 16/3/2016 as the 6th respondent remained exparte. Thereafter, the GPA holder of the 6th respondent herein filed a petition under Order 9 Rule 13 of CPC but no orders as on today obtained.

(2.) Heard Sri G.Ramesh Babu, learned counsel for the petitioner, Sri Sai Sanjay, learned counsel representing Sri S.Dilip Jaya Ram, learned counsel for the 6th respondent and Ms.Prasanthi Gude, learned Assistant Government Pleader.

(3.) Learned for the petitioner while reiterating the contents of the affidavit submitted that when the revisional authority comes to a conclusion that there is a serious dispute with regard to title and possession of a property and while relegating the parties to go to Civil Court cannot stay issuance of pattadar passbook and title deed in favor of the petitioner. The revisional authority vide order dtd. 20/3/2022 has granted stay on issuance of pattadar passbook contrary to the settled principles of law. In support of his contentions learned counsel for the petitioner relied upon the judgment of Smt.P.Ghousia Begum and others v. Basireddy Rukminamma and others, 2018 (5) ALT 148 (D.B.).