KANDI CHOKKA REDDY Vs. KANDI LINGA REDDY

JUDGEMENT

(1.) Excessive importance given to the procedural aspects has driven the parties to this civil miscellaneous appeal from one Court to another without any tangible result.

(2.) The respondent filed O.S. No.170 of 1995 in the Court of Junior Civil Judge, Sulthanabad, against the appellants, for the relief of declaration of title and perpetual injunction in respect of the suit schedule land. He stated that he purchased the suit schedule land i.e., Ac.0-12 guntas, through unregistered document in the year 1997, from the father of the appellants. He further pleaded that even since the date of purchase, he is in possession and enjoyment of the property. The appellants, on the other hand, stated that their father died much before the alleged sale and that the document is a forged one. Through its judgment, dated 14-12-2001, the trial court dismissed the suit, holding that the respondent failed to prove the title as well as the possession vis-a-vis the suit property.

(3.) The respondent filed A.S. No.3 of 2002 before the Court of Senior Civil Judge, Peddapalli. In its judgment, dated 26-8-2004, the lower appellate Court expressed its views on the question of title as well as possession. However, it remanded the matter to the trial Court, on the ground that the applications filed by the respondent under Rule 6 of Order XVI and Rule 27 of Order XLI CPC at the stage of appeal were allowed.