BIRRU SIDDI RAMULU Vs. NELLUTLA SAKKU BAI

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners, challenging the order dtd. 30/6/2022 of the Principal District Judge, Jangoan in C.M.A.No.22 of 2018 confirming the injunction order dtd. 18/1/2017granted by the Principal Junior Civil Judge, Jangoan in I.A.No.249 of 2016.

(2.) Brief facts leading to the filing of the present Civil Revision Petition are that the petitioners herein are the defendants in the Suit in O.S.No.138 of 2016 on the file of the Principal Junior Civil Judge, Jangoan. The Suit was filed by the respondent herein seeking permanent injunction against the defendants. The plaintiff claimed to have become the owner of the suit schedule land by virtue of Final Decree of partition passed in O.S.No.7 of 1970 on 29/8/1977. She claimed to have got the schedule land mutated in her name by making an application to the Tahsildar on 15/11/2006. Thereafter, vide letter dtd. 19/8/2010, the District Collector directed the Tahsildar to implement the final decree by collecting the stamp duty on the partition deed, if it has not already been collected by the Court under the A.P.Rights in Land and Pattadar Passbooks Act, 1971. Accordingly, the Tahsildar, vide proceedings dtd. 9/12/2010 has mutated the name of the plaintiff/respondent herein as pattadar with respect to the suit schedule property.

(3.) Thereafter, the plaintiff has filed O.S.No.138 of 2016 on the file of the Court of the Principal Junior Civil Judge, Jangoan along with an I.A.No.249 of 2016 for interim injunction. The Principal Junior Civil Judge, Jangoan vide orders dtd. 18/1/2017 has granted interim injunction in favour of the petitioner, by taking into consideration the proceedings of the Tahsildar dtd. 9/12/2010, and holding that the plaintiff is in possession of the suit schedule property.