JANNELA UMAMAHESWARA RAO Vs. VOONNA SARVESWARA RAO

JUDGEMENT

(1.) The plaintiffs in the suit filed the above revision against the order dtd. 2/2/2024 in I.A.No.294 of 2023 in O.S.No.292 of 2009 on the file of learned Additional Civil Judge (Senior Division), Srikakulam.

(2.) Plaintiffs filed suit O.S.No.292 of 2009 for recovery of possession of plaint schedule property by evicting the 1st defendant and for consequential permanent injunction restraining the defendants and their men from ever interfering with plaint schedule property.

(3.) In the plaint, it was contended that the plaintiffs and their mother filed suit O.S.No.57 of 1973 on the file of Subordinate Judge, Srikakulam for partition against their father's brothers and others. A preliminary decree was passed on 27/4/1974 for 1/3rd share. A final decree was passed on 19/8/1975. The Amin handed over the property to the plaintiffs on 30/12/1975. The defendants 2 to 16 executed sale deeds in favor of the 1st defendant in respect of Ac.0.62 cents and Ac.0.12 1/2 cents under two registered sale deeds dtd. 21/12/2001 on 24/4/2001 mistakenly, for part of the property fell to the share of plaintiffs, by showing wrong boundaries. The 1st defendant, a real estate businessman, occupied the plaint schedule property on 20/8/2009 and hence, the suit was filed.