IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
P. Naveen Rao, J.
Behra Bhaskara Rao - Appellants
Vs.
Kameswari Enterprises - Respondent
A.S.M.P. Nos. 2504 and 2513 of 2011
Decided On: 19.08.2013
Appeal Suit - Property - Aggrieved by the common judgment and decree dated 13-10-2003, passed by the Additional Senior Civil Judge, three Appeal Suits are instituted in this Court. A.S. is directed against is directed against O.s directed against - Held, It is mandatory for the appellant to bring the legal representatives of a deceased respondent as soon as it comes to his knowledge the death of a respondent Thus, these three Miscellaneous Petitions are validly filed - Legal representatives have to be brought on record of the three Appeal Suits pending in this Court - On being made parties, it is for the legal representatives of deceased to contest the Appeal Suits. But, merely because they claim that since suit schedule property was sold by their father, they have no interest in the suit schedule property is not a ground to reject the Miscellaneous Petitions - A.S.M.P filed by the appellant seeking to bring on record the legal representatives of the deceased first respondent are ordered - Ordered accordingly.
P. Naveen Rao, J.
1. O.S. No. 88 of 1997 was instituted by M/s. Kameswari Enterprises for recovery of an amount of 4,50,000/- from Behara Bhaskara Rao (first defendant) and Behara Rama Lakshmi (second defendant) with subsequent interest at the rate of 18% p.a.; for compensation and for injunction restraining defendant Nos. 1 and 2 their men from interfering with the quite enjoyment of the suit schedule premises. O.S. No. 2 of 1998 was instituted by Behara Bhaskara Rao and Behara Rama Lakshmi against M/s. Kameswari Enterprises (first defendant) for recovery of an amount of ` 1,38,003.75 towards damages for use and occupation of the plaint schedule property with subsequent interest at the rate of 12% p.a. O.S. No. 33 of 1999 was instituted by Behara Bhaskara Rao and Behara Rama Lakshmi against M/s. Kameswari Enterprises (first defendant) for recovery of an amount of ` 3,31,209/- towards damages for use and occupation of the plaint schedule property with subsequent interest at the rate of 12% p.a. O.S. No. 95 of 1999 was instituted by Behara Bhaskara Rao and Behara Rama Lakshmi for recovery and possession of the plaint schedule property by evicting M/s. Kameswari Enterprises (first defendant) and for future damages for use and occupation of the plaint schedule property. Additional Senior Civil Judge, Srikakulam by common judgment dated 13-10-2003 dismissed O.S. No. 88 of 1997; O.S. No. 2 of 1998 is decreed in part; O.S. No. 33 of 1999 is decreed in part and O.S. No. 95 of 1999 is decreed with interest directing the first defendant to put the plaintiff in possession of the demised premises by vacating the same within three months from the date of judgment. Thus, Behara Bhaskara Rao succeeded in all the four original suits against M/s. Kameswari Enterprises.
2. Aggrieved by the common judgment and decree dated 13-10-2003, passed by the Additional Senior Civil Judge, Srikakulam, three Appeal Suits are instituted in this Court. A.S. No. 3702 of 2003 is directed against O.S. No. 88 of 1997. A.S. No. 3747 of 2003 is directed against O.S. No. 2 of 1998. A.S. No. 3746 of 2003 is directed against O.S. No. 33 of 1999.
3. The property in dispute is the premises containing Sri Lakshmi Talkies Cinema Theatre. On 01-08-1982. Behara Bhaskara Rao granted lease in favour of M/s. Kameswari Enterprises for a period of 15 years to run Sri Lakshmi Cinema theatre (suit schedule property). This lease expired on 31-07-1997 and thereafter no further lease was granted. In Civil Miscellaneous Petition No. 27522 of 2003 filed in A.S. No. 3702 of 2003 by the petitioner/appellant, this Court by an order dated 27-11-2003, granted interim injunction on condition of petitioner/appellant depositing the suit costs within four weeks from that date. It is represented that the petitioner/appellant is in possession of the suit schedule property. Late Behara Bhaskara Rao was arrayed as first respondent in all the three Appeal Suits pending before this Court. Since decrees were passed against M/s. Kameswari Enterprises and there was no valid possession, the competent authority has not granted renewal of license to operate the cinema theatre and therefore no cinema theatre is running. Aggrieved by not renewing the license to run the cinema theatre, M/s. Kameswari Enterprises instituted a writ petition before this Court but the same was dismissed. Aggrieved thereby. Writ Appeal is filed but later it was withdrawn. However, in view of the injunction order granted by this Court on 27-11-2003. M/s. Kameswari Enterprises continues to be in possession of the suit schedule property.
4. During the pendency of these three Appeal Suits, late Behara Bhaskara Rao died on 30-8-2011. Three Miscellaneous Petitions are filed in three Appeal Suits seeking to bring on record legal representatives of late Behara Bhaskara Rao. A.S.M.P. No. 2513 of 2011 is filed in A.S. No. 3747 of 2003. A.S.M.P. No. 2530 of 2011 is filed in A.S. No. 3702 of 2003 A.S.M.P. No. 2505 of 2011 is filed in A.S. N
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