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2011 Supreme(AP) 941

HIGH COURT ANDHRA PRADESH
V. ESW ARAIAH and K.S. APP A RAO, JJ.
T. Venkatapadmavathamma and others
Versus
TirumaIa Tirupathi Devasthanams, rep. by its Executive Officer, Tirupathi and others
AS.M.P.No.2058 of 2011, Review AS.M.P.No.951 of 2011 and AS.M.P.No.952 of 2011 in AS.No.3580 of 2004
Decided on 04-11-2011.

Advocates appeared:
Mr. T.K. Raghavan, Party-in-Person on behalf of the Petitioners.
Mr. M. Adinarayana Raju, Advocate for Respondent No.I.

Headnote:A) LIMITATION ACT, 1963, Sections 5 and 17 - Civil Procedure Code, 1908, Section 114 and Order 47 Rule 1:- Petition for condonation of delay of 1613 days in filing the revision is dismissed as the reliance under Section 17 of Limitation Act is not tenable as the petitioner was aware of the alleged amendment of the petition by the TTD on 11-5-2007 itself but not on 6-1-2011.

       B) CIVIL PROCEDURE CODE, 1908, Section 114 and Order 47 Rule 1:- The ground pleaded in the review petition that the respondents have obtained the order in appeal by making misrepresentation that the amendment in the pleading was allowed by the lower court was found to be incorrect in so far as the amendments were partly allowed and the appeal was decided not on the imagined grounds of amended pleadings but on issues which were conested by both the parties before it and the review petitioner are raising the bogey only in order to file a review petition. Hence dismissed.

ORDER

(Per K.S. Appa Rao, J.)

Review AS.M.P.No.951 of 2011 is 'filed to review the judgment and decree dated 27-10-2006 passed in AS.No.3580 of 2004 and A.S.M.P.No.952 of 2011 is filed to suspend the operation of the said judgment and decree. On 25-08-2011, during the course of hearing, this Court took an objection that the review petition ought not to have been numbered unless there is an application to condone the delay in the filing the application, by duly explaining the reasons for not filing the review petition in time. In compliance thereof, the review petitioners filed AS.M.P.No.2058 of 2011 to condone the delay of 1613 days in filing the review petition in AS.M.P.No.951 of 201lo

2. Since the reliefs sought in these three petitions are connected to each other and• the parties are also common, these petitions are clubbed and disposed of by , this common order.

3. The petitioners in these petitions are the some of the respondents in A.S.No.3580 of 2004, and they are being represented by the General Power of Attorney Sri T.K. Raghavan. The first resp0I).dent in all the three petitions is the appellant in the said appeal. The respondent Nos.2 to 14 herein are proforma respondents and' they are not necessary parties according to the petitioners.

4. Before going into the merits of the case, it is pertinent to refer to the first round of litigation which went up to the Apex Court, as stated by the petitioners/ respondents in their affidavit, as follows:

The petitioners/respondents are the descendants of Great Saint and Devotee Sri Tallapaka Annamacharya. The petitioners/ respondents and the first respondent/ appellant have a dispute over the title of the property in Sy.Nos.645, 686 and 679/2 for an extent of 28-32 cents in Tirumala. Originally the said property belongs to the petitioners/respondents since it was given to them as inam by the emperors of Vijayanagar Dynasty to Sri Tallapaka Annamacharya's family for rendering services to the Lord, and since then they are enjoying the said property. The dispute . arose between the parties~ when one of the family members noticed in the revenue records that the names of the Thallapaka family are changed and the mime of the first respondent/appellant was incorporated during the enquiry in the year 1959-60. Then one of the members of the Tallapaka family i.e., late Sri Tallapaka Venkata Srinivasacharyulu, the husband of petitioner No.1 and father of petitioner Nos.2 to 4 herein, filed an application in the year 1982 before the then Commissioner, Survey, Settlements & Land Records, Hyderabad, stating that without notice to the inamdars, the patta has been granted to the respondent/appellant for the said property in Sy.Nos.645, 686 and 679/2 77 situated in Tirumala. Then the Commissioner gave a direction to the Inam Deputy Tahsildar to issue notices to both the parties and to conduct an enquiry as per the provisions of the AP. (AA) Inams (Abolition & Conversion into Ryotwari) Act, 1956. Accordingly, the Inam Deputy Tahsildar conducted enquiry after issuing notices to all the parties mainly between the petitioners/respondents and respondent/ appellant in the year 1983 and revealed the fact that earlier no notice was given while granting patta in respect of the said land to the respondent/appellant and after hearing both sides and after verification of the records, he carne to the conclusion that the said land is Inam land belonging to Tallapaka family and granted patta in favour of the petitioners/respondents. Against the said order, an appeal was filed by the respondent/appellant in the year 1984 before the Revenue Divisional Officer who also confirmed the order of the Inam Deputy Tahsildar and dismissed the appeal filed by the respondent/appellant. Then the respondent/appellant filed a Revision Petition before the Commissioner, Survey, Settlement & Land Records, Hyderabad in the year 1985-86 and the said Revision Petition was also dismissed by confirming the orders of the lower Revenue Tri






























































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