BHIMINENI RAMESH Vs. CHAVA SUBHASHINI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order in E.P.No.135 of 2017 in I.A.No.637 of 2009 in O.S.No.567 of 1988 dated 18.07.2017 of the Court of learned I Additional Senior Civil Judge, Guntur.

(2.) The petitioners are third parties to the proceedings in E.P.No.135 of 2017 in I.A.No.637 of 2009 in O.S.No.567 of 1988 of the above Court. They claimed being statutory tenants of the property in question, having had obtained the same from its erstwhile owners, viz., respondent No.12 and others in the year 2011. They further claimed that after the purchase of this property by respondents 16, 17 and one Sri Marreddy Venkata Reddy, in December 2011, the tenancy was attorned in their favour. They further claimed that for the purpose of their business, they had secured the accommodation on a monthly rent of Rs.2,500/- with effect from 15.08.2011 on a oral lease, which continued. They also claimed when there were threats of dispossession by respondents 16, 17 and one Sri Marreddy Venkata Reddy, they had to institute O.S.No.138 of 2012 on the file of the Court of learned II Additional Junior Civil Judge, Guntur, for relief of permanent injunction restraining them from in any way interfering with their peaceful possession and enjoyment of the above property, till they are evicted by due process of law. The petitioners also claimed that the relief as sought in the above suit was granted by the judgment and decree dated 09.07.2014 and thus, they were in peaceful possession and enjoyment of this property. They were running their business in the above premises according to the petitioners.

(3.) A suit in O.S.No.567 of 1988 was instituted on the file of the Court of learned I Additional Senior Civil Judge, Guntur, by Sri Malidepalli Durga, S/o. Sri (late) Rama Krishna Sastry, against Smt.Gullapalli Lakshmi Narasimha, W/o.Sri Late G.V.Punnaiah Sastry, respondents 2 to 12, respondents 14 and 15, for partition. A preliminary decree was passed by the judgment dated 03.10.1997 therein in favour of respondent No.13, who is stated to be no more, and pursuant to it, I.A.No.1585 of 1988 was filed for passing final decree in terms thereof. The first respondent claimed to have purchased seven shares out of ten shares from defendants 2, 4 to 7, the plaintiff and LRs of third defendant, who are R3, R5 to R8, R12 under a registered sale deed dated 23.12.2006 vide document No.1912 of 2006 of Sub-Registrar's Office, Nallapadu. Thereupon, she filed I.A.No.637 of 2009 to pass a final decree in her favour.