MUSUNURI SATYANARAYANA Vs. TUMMALA INDIRA DEVI

JUDGEMENT

(1.) This Civil Revision Petition is filed questioning the order dtd. 19/7/2023 in E.P.No.6 of 2022 in A.T.C.No.2 of 2003 passed by the Principal Junior Civil Judge, Ponnur, whereunder an application filed under Order XXI Rule 32 and Sec. 151 C.P.C., by the Petitioner seeking to order attachment of the property of respondent Nos.4 and 5; to send them to civil prison and to sell the land to compensate the damages was dismissed.

(2.) The introductory facts: The Petitioner filed A.T.C.No.2 of 2003 under Ss. 16 and 15 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Act') against Respondent No.1 alone seeking to declare that the price of the scheduled land i.e. Rs.1,25,000.00 per acre is reasonable and the same is accepted by the Respondent and for other consequential reliefs. As per the petition, the husband of Respondent No.1 late Dr.T.Veeraiah, Dr.T.Suryanarayana, Dr.T.Sashagiri Rao and T.Satya Narayana (Retired Engineer) were brothers.

(3.) The 1st Respondent was given General Power of Attorney by Dr.T.Suryanarayana to manage the properties, while Dr.T.Veeraiah died testate on 4/2/2002. Pursuant to a Will said to have been executed by Dr.T.Veeraiah, the Respondent No.1 succeeded to her husband's share of family properties situated at Mulukuduru and other places and became the absolute owner of the scheduled property. The Respondent No.1, on her behalf and on behalf of Dr.T.Suryanarayana had filed A.T.C.No.5 of 2002 before the Special Officer under the Act, Ponnur against the Petitioner, PamidiKoteswara Rao, V.Ramakrishna, C.Paparaju and others regarding existing lease among them. The Petitioner was said to be cultivating Ac.13.65 cents and as there was threat of dispossession, at the instance of brother-in-law of Respondent No.1 i.e. T.Satyanarayana, a suit O.S.No.174 of 2002 was filed seeking permanent injunction. The Petitioner also filed A.T.C.No.3 of 2002 against Respondent No.1 and her brother-inlaw, Dr.T.Suryanarayana, T.Satyanarayana and T.Seshagiri Rao to declare him as cultivating tenant of Ac.13.65 cents.