NAKKA PERUMAL REDDY Vs. PANDIRIPILLI LAKSHMI PRASAD

JUDGEMENT

(1.) THESE two civil miscellaneous second appeals arise out of execution proceedings in OS No. 149 of 1985 on the file of the Principal Senior civil Judge, Visakhapatnam. The appellants are different, but the respondents are common to both the appeals.

(2.) THE appellants and certain others were said to be in possession of small extents of land, forming part of an area of 50 cents in Sy. No. 4/7 of Gopalapatnam revenue Village, owned by Pandiripilli madhava Rao, the father of the 1st respondent. When they apprehended that they would be evicted from the sites in their possession, they filed OS No. 325 of 1985 in the Court of VII Additional District Munsif, visakhapatnam, for the relief of perpetual injunction. Madhava Rao, in rum, filed OS no. 149 of 1985 in the Court of Principal subordinate Judge, Visakhapatnam, against 13 defendants, including the appellants herein, for recovery of possession of the entire extent to 50 cents. During the pendency of the suits, Madhava Rao died, and the respondents came on record as legal representatives.

(3.) OS No. 149 of 1985 was decreed on 29. 10. 1991 and OS No. 325 of 1985 was dismissed, somewhere at the same time. No appeals were preferred by the appellants herein. Respondents filed EP No. 244 of 2002 for execution of the decree in OS No. 149 of 1985.