TUMMU RAJAPU REDDY Vs. P KOTESWARAMMA

JUDGEMENT

(1.) The first defendant in O.S.No. 23 of 2004 in the Court of Junior Civil Judge, Narsapur, Medak District is the petitioner in this Civil Revision Petition. Respondents 1 to 4 herein filed the suit with a prayer to set aside the preliminary decree passed in O.S.No. 77 of 2000 on the file of the same Court as well as the final decree passed therein. They also filed I.A.No. 84 of 2004 under Order 39 Rule1 C.P.C. against the petitioner and eight others. Through its order dated 09-11 -2004, the trial Court granted temporary injunction. The petitioner assailed the same by filing C.M.A.No. 7 of 2004 in the Court of Senior Civil Judge, Medak. The C.M.A. was dismissed on 15-02-2005. Hence, this civil revision petition.

(2.) The relevant facts are as under: The petitioner, respondents 5 to 7 and one Mr. Thummu Chalamareddy are the sons of Thummu Marrireddy of Reddypalem, Hamlet of Chintalacheruvu Village, Hathnoora Mandal, Medak District. Thummu Marrireddy owned an extent of about Ac. 83.37 guntas in various Survey Numbers of that village. After the death of Marrireddy, his sons sold an extent of Ac. 12.00 of the joint property. Thereafter through separate sale deeds, the four brothers, except the petitioner herein, sold their shares in favour of respondents 8 to 12 in the year 1987. The petitioner retained his share of property. However, he figured as wndor in all the sale deeds executed by his brothers, with a view to endorse the transactions. Respondents 8 to 12, in turn, are said to have sold an extent of Ac. 44.02 guntas in favour of respondents 1 to 4 through various sale deeds in the years 1993, 1994 and 1995.

(3.) The petitioner filed O.S.No. 77 of 2000 in the Court of Junior Civil Judge, Narsapur; Medak District against respondents 5 to 12 for the relief of partition and 'separate possession. An exparte preliminary decree was passed therein and subsequently, a final decree was passed on 4-12-2003 in I.A. No. 426 of 2001 demarcating an extent of Ac. 18.29 guntas.