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2009 Supreme(AP) 451

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE L. NARASIMHA REDDY
Sagi Vijaya Ramachandra Raju & Others – Appellant
Versus
K. Satyanarayana & Others - Respondent
C.M.A.No. 564 of 2008 & Tr.C.M.A.No.52 of 2009
Decided on : 16-07-2009

Advocates appeared:
For the Appellants:M. Adinarayana Raju, Advocate.
For the Respondents:C.B. Rama Mohana Reddy, Advocate.

Headnote:Civil Procedure Code, 1908-Order XLIII, Rule 1 and Order XXXIX Rules 1 and 2-Temporary injunction-Suit for perpetual injunction and another suit for relief of declaration of title and perpetual injunction clubbed together-Parties have failed independent suits and both them claim injunction as regards same property, against each other-Both of them were under the same obligation to prove their respective case-When both parties have approached Court for identical relief, there was no basis for Trial Court to permit one of parties to claim even an illegal possession or to relieve it from obligation to prove its prima facie case- Impugned orders set aside-Appeal allowed. (Paras 15, 16, 17, 18, 20, 21 and 22)

       

Judgment :-

The appellants and the first respondent in both the appeals are common. The appeals arise out of a common order, dated 26.03.2008, passed by the Court of the Senior Civil Judge, Kovvur. Hence, they are disposed of through a common judgment.


For the sake of convenience, the parties herein are referred to as arrayed in C.M.A.No.564 of 2008.


The first respondent filed O.S.No.148 of 2007 against the appellants for the relief of perpetual injunction in respect of the suit schedule property. It is stated that himself and his family members purchased various extents of land in Survey No.455 of Yarnagudem Village, Devarapalli Mandal, West Godavari District from Manthena family. According to him, though the appellants are said to have purchased about Acs.20.00 of land in the same survey number, they do not have any title, possession or right over any portion of Survey No.455 and that they are interfering with his possession over the suit schedule property. He also filed I.A.No.907 of 2007 under Order 39 Rules 1 and 2 C.P.C. for the relief of temporary injunction. He repeated the plaint allegations in the affidavit filed in support of the I.A.


As regards the same extent of land, the appellants filed O.S.No.197 of 2007 in the same Court, for the relief of declaration of title and perpetual injunction against the first respondent and five others, respondents 2 to 6 herein. According to them, the suit schedule property of Acs.21.40 cents of land was purchased by them under a sale deed, dated 22.09.1958, and ever since then, they are in cultivation and enjoyment of the property, and the respondents, who purchased various bits of land in the large extent of that Survey Number in the recent past, are threatening to dispossess them from the suit schedule property. The appellants also filed I.A.No.1152 of 2007 under Order 39 Rules 1 and 2 C.P.C. for the relief of temporary injunction, almost on the same facts pleaded in the plaint.


The trial Court clubbed the suits and heard the applications, together. Through its common order, dated 26.03.2008, the trial Court dismissed I.A.No.1152 of 2007 and allowed I.A.No.907 of 2007. Having regard to the value of the suit in O.S.No.148 of 2007, the appellants presented C.M.A.No.41 of 2008 under Order 43 Rule 1 C.P.C. in the Court of District Judge, West Godavari against I.A.No.907 of 2007. C.M.A.No.564 of 2008 is filed in this Court assailing the order in I.A.No.1152 of 2007. Subsequently, they filed Tr.C.M.P.No.279 of 2008 and as a consequence of the orders passed therein, C.M.A.No.41 of 2008 is transferred from the District Judge, West Godavari to this Court and thereby, it came to be numbered as Tr.C.M.A.No.52 of 2009.


Sri M.Adinarayana Raju, the learned counsel for the appellants, submits that the trial Court ignored certain important aspects of the matter, while passing the orders under appeal. He submits that the appellants purchased the suit schedule property, almost half a century ago and that their title and possession is evidenced by the issuance of pattadars pass books, title deeds and the entries in the adangals. He further submits that the first respondent came into picture, much later and the boundaries mentioned in various sale deeds are self-contradictory. He also submits that there is a prominent land mark, which needs to be taken into account, namely, the land of about Acs.9.00, which was surrendered by the original land owners under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act’) and the record clearly discloses that the lands purchased by the respondents are on the Eastern side of the ceiling land, whereas the land owned by the appellants is on the Western side of the ceiling land.


He has drawn the attention of this Court to Exs.A15 to 17, the sale deeds, through which, the respondents purchased the land and submits that the boundaries mentioned in Ex.A15 on the one hand and Ex.A17 on the other are totally inconsistent. The












































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