BATHINA NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the constitution of India for the following relief:

(2.) Brief facts of the case are that the R.L.Puram is a Sothriyam Inam Village. One, Telikepalli Tirupathaiah was the primo-genitor. He had two sons by name, Krishnaiah and Purushotham. Krishnaiah had two sons by name Ramakrishnaiah and Mallaiah, who was adopted by Purushotham, who had no issues. Thus, the family came to be known as Ramakrishnaiah branch and Mallaiah branch. Ramakrishnaiah had four sons and one of the sons is Gopala Krishnaiah whose son is Ramakrishnaiah is the husband of Smt. Arundhathamma. There was a partition initially in respect of the property possessed by the said family and thereafter certain land was taken over by the Government. But, feeling that they had lesser property than the other branch, Ramakrishnaiah branch has filed O.S.No.327 of 1923 on the file of the Principal District Munsif Court, Ongole (for short "the trial Court") for equalization of the property. The said suit was partly decreed against which A.S.No.79 of 1927 on the file of the Principal Subordinate Judge's Court, Bapatla was filed, which was allowed by a judgment dtd. 26/3/1929 directing Mallaiah branch to hand over Ac. 17.76 cents of land to Rama Krishnaiah Branch. It is mainly stated that the Sy.No.55/4B of R.L Puram consists of Ac 39.556 cents. In that, the petitioners have purchased Ac 15.00 cents of land under an agreement of sale dtd. 21/11/1991. The said agreement of sale deed executed by one Smt T.Arundhathamma W/o Late Rama Krishanaiah. It is stated that the suit in O.S.No.16/2000 was filed by Sri A. Venkata Ramaiah for declaration of Title over the subject land in Sy.No.55/4B of R.L.Puram against Sri S.N.Nityanandam and 21 others.Sri S.N.Nityanandam and another also filed a suit in O.S.No.17/2000 on the file 1st Additional District Judge, Ongole for claiming various reliefs. Thereafter, the petitioners herein have also filed O.S.No.15/2000 for declaration of Title in respect of Ac.15.00 cents of R.L.Puram village. Further, Sri Mandava Venkata Rao also filed a suit in O.S.No.21/2000 for injunction and all those clubbed together for joint trial by virtue of the order passed by the Hon'ble High Court in CRP.No.2410/2005, dt.3/8/2005. The learned 1st Additional District Judge rendered a common judgment dismissing O.S.No.16 and 17 of 2000 and Batch. Aggrieved by the dismissal of the suit in O.S.No.15/2000 the petitioners preferred A.S.No.698/2010 before this Hon'ble Court. and this Court has granted interim order vide A.S.M.P.No.1913 of 2010 inA.S.No.697/2010. One Aparna Rock Exports also filed A.S No.879 of 2010 against the judgment and decree passed in O.S No.16/2000. In the said Appeal Suit also, this Hon'ble Court has passed interim order vide ASMP No.2374/2010 in AS No.879/2010.

(3.) This Court, vide order, dtd. 21/10/2014, while issuing notice before admission, has granted status quo, existing as on that day, shall be maintained by both the parties with reference to grant of quarry lease to respondent No.7.