(1.) Heard Sri. Sivalenka Ramachandra Prasad, learned counsel appearing on behalf of Sri. M.R.L. Narasimha Rao, learned counsel for the writ petitioners, Sri M.V. Suresh Kumar, learned Senior Counsel appearing for Sri M.V. Pratap Kumar, learned counsel for respondent Nos.5 and 6, Smt. S. Pranathi, learned counsel for respondent Nos.7 to 11 and Sri Gangisetti Uma Sankar, learned counsel for the applicants in I.A.No.2 of 2023.
(2.) Mr. L.W. Griffin, who died in 1959, was said to be the owner of Ac.25.00 cents of land in Sy.No.179/2 of Chinnamusidivada Village, Pendurthi Mandal, Visakhapatnam. He is said to have executed a Will bequeathing his property in favour of his brothers J.J. Griffin and Robert James Griffin. The probate of the Will was taken up in O.P.No.13 of 1960 on the file of District Court, Visakhapatnam. One Mrs. Ruth Paul set up a claim over the property. The District Judge, after considering her claim, had observed that she had made out a case for making a claim over the property and the question of title in regard to this land cannot be decided in any application for the grant of letters of administration. On that basis, letters of administration were granted to the brother of late Sri Griffin, except the Ac.25.00 cents of land mentioned above.
(3.) Thereafter, Smt. Ruth Paul is said to have gifted this land to her niece Smt. R.J. Paul. In parallel proceedings, the brother of late Sri Griffin sold away about Ac.8.65 cents of the said land to one Sri S. Pydaiah, by way of a registered deed of sale, in 1968. Subsequently, the remaining Ac.17.30 cents were also sold to Sri S. Pydaiah, who in turn, sold away Ac.8.65 cents of land, purchased by him in 1968, to Sri M. China Apparao, in 1978. Subsequently, Sri M. Chinna Apparao and Sri Sadaram Apparao, the son of S. Pydaiah, who had passed away in the meanwhile, had entered into a development agreement with M/s.Ravi Tej Constructions (respondents 5 and 6) for developing the said land.