PALEM CHANDRA SHEKAR Vs. PALEM BIKSHPATHY

JUDGEMENT

(1.) The appellants are aggrieved by the order dated 01.11.2018 passed by the XIV Additional District Judge, Ranga Reddy District, whereby the learned Judge has dismissed the temporary injunction application filed by them, inter alia, on the ground that the physical location of the property in dispute is unclear.

(2.) Brief facts of the case are that the appellants had filed a suit for declaration and for consequential injunction against the respondents with regard to schedule 'A' and schedule 'B' properties. While schedule A property consisted of land to an extent of Ac.1.35 guntas in Sy.Nos.172/A1, 172/A2 and 172/A of Srinagar Village, schedule B property was to an extent of Ac.1.26 guntas in Sy.No.171/E in the same village. The appellants-plaintiffs further pleaded that they are joint owners of land in Sy.Nos.172/A1, 172/A2 and 172/A, admeasuring Ac.6.27 guntas, and in Sy.No.171/E, admeasuring Ac.1.26 guntas, in total admeasuring Ac.8.13 guntas situated in Srinagar village. They further pleaded that their father, Katamaiah, had purchased the said properties through a registered sale deed dated 29.06.1992, from one Mahmood Hussain and others. After the death of their father on 13.07.2007, the said property devolved on to them. They further pleaded that on the basis of their inheritance, the revenue authorities have mutated the names of the appellantsplaintiffs in respect of the said property by proceedings No.2557/2008, dated 14.07.2008. The revenue authorities have equally issued pattas, pass books and title deeds in the name of the appellants-plaintiffs. Furthermore, according to them, the said land is located on two sides of ZP road. While the land to an extent of Ac.4.32 guntas in Sy.No.171 is located towards west of the ZP road, the land to an extent of Ac.1.35 guntas in Sy.No.172, and land to an extent of Ac.1.26 guntas in Sy.No.171 are located towards east of ZP road. According to them, the eastern portion of the land to an extent of Ac.1.35 guntas, and Ac.1.36 guntas is the subject matter of the suit. The said extents were shown in the plaint as 'A' and 'B' schedule properties.

(3.) The appellants-plaintiffs further pleaded that the respondent No.1, Palem Bikshapathi, who is the owner in Sy.No.172 part, which is located towards the west side, filed a civil suit for declaration of title and perpetual injunction, in O.S.No.38 of 2017, on the file of the Junior Civil Judge, Maheshwaram. In the said suit, the respondent No.1 claimed that he is having 40 feet area within the property of the appellants-plaintiffs, herein, to reach his purchased property in Sy.No.172. However, the petition in I.A.No.165 of 2017, seeking a right of encumbrance, was dismissed on 03.01.2018.