KADEM SATHAIAH Vs. MANDALA RAVINDAR REDDY

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the appellants in the CMA.No.21 of 2022 against the orders of dismissal by the Principal District Judge at Bhongir, dtd. 14/2/2023. The CMA was filed by the plaintiffs challenging the orders dtd. 10/12/2021 in I.A.No.1 of 2021 in O.S.No.8 of 2021 on the file of Senior Civil Judge, Bhongir, declining to grant temporary injunction in favour of the petitioners/plaintiffs restraining the respondents/ defendants from interfering with the peaceful possession and enjoyment of the petitioners/plaintiffs over the petitioners suit schedule property.

(2.) Brief facts leading to the filing of the present Civil Revision Petition are that the suit in O.S.No.8 of 2021 was filed by the plaintiffs on the file of Senior Civil Judge, at Bhongir for declaration of title and permanent injunction against the defendants therein. The suit schedule property is

(3.) The plaintiffs claimed that they are the owners and possessors of the suit schedule properties having inherited the same from their late father Kadem Mankaiah, S/o.K.Sailu, who died in the year 1994. Plaintiffs No.1 and 2 are the brothers and Plaintiff No.3 is the son of one of the other deceased brother. The late K.Mankaiah had five sons namely Yadaiah, Beerappa, Sathaiah, Vinod and Ramesh. After the death of the father K.Mankaiah, the land admeasuring Ac.5.38 gts., in Survey Nos.570 and 571, situated at Kondamadugu Village, Bibinagar Mandal, Yadadri Bhongir District, being ancestral property in the name of K.Mankaiah, was portioned into five equal parts towards the respective shares of the sons i.e., Ac.1-07 1/2 gts., each. The brothers of K.Mankaiah namely Kadem Narsaiah and Kadem Yellaiah have sold their lands in favour of one Cherukuri Koteshwara Rao, S/o.Venkata Swamy Naidu, under registered sale deeds bearing Doc.No.152/1991, dt.21/1/1991 in respect of land admeasuring Ac.5-37 gts., and Doc.No.165/1991, dt.23/1/1991 in respect of land admeasuring Ac.5-38 gts., situated at Kondamadugu Village, Bibinagar Mandal, Yadadri Bhongir District. Consequently, the brothers of the plaintiffs No.1 and 2 and grandfather of the plaintiff No.3 namely Kadem Yadaiah and Kadem Vinod have also sold out their respective shares in favour of Cherukuri Koteshwara Rao under the registered sale deed bearing Doc.No.1278/1994, dt.22/3/1994 and Doc.No.3818/1994, dt.27/7/1994 in respect of the land admeasuring Ac.1-07 gts., each, in total admeasuring Ac.2-14 gts. In view of all these documents, Koteshwara Rao became the owner and pattadar of the land total admeasuring Ac.14-09 gts., situated at Kondamadugu Village, Bibinagar Mandal, Yadadri Bhongir District. The said Koteshwara Rao died leaving behind him, his legal heirs i.e., (1) Cherukuri Subhadra, (2) Cherukuri Asha, (3) Cherukuri Varun i.e., defendants No.2 to 4.