2016 Supreme(AP) 686
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. Siva Sankara Rao, J.
Gurrapu Penchalaiah and Ors. - Appellants
Vs.
Rayapu Chinnaiah and Ors. - Respondents
CRP No. 1283 of 2016
Decided On : 19-10-2016
For the Appellants : V.L.N.G.K. Murthy for T.D. Pani Kumar
For the Respondents: P. Venugopal Rao for T. Janardhan Rao
Headnote:
Civil Procedure Code, Section 151,153,152 and 47 - Specific Relief Act - Section 31 - Petitioners are the among the 6 defendants unsuccessful applicants in covered by the impugned order the I Additional Junior Civil Judge filed by the plaintiffs pursuant to the judgment and decree declaring title of the plaintiffs/revision respondents - Plaintiff were added as legal representatives of 1st plaintiff vide orders suit filed was against 6 defendants originally by name and his two sons and wife - It is during pendency of the suit was impleaded as per orders - It is necessary to mention to be clarified further no doubt the name of the plaintiff and 7th defendant including fathers name are correlating as a same person - Suit relief was for declaration of the plaintiffs are absolute owners of the plaint schedule property of cents within the boundaries in described supra and for recovery of possession after evicting the defendants and for future mesne profits suit was in fact filed for the relief of permanent injunction and the same was later converted into declaration - Plaintiff being owner has been in possession and enjoyment of the suit land for more than which is ancestral land and succeeded by him after his fathers death years back and plaintiff while in possession was raising dry crops like ragi and his neighbouring lands also dry lands were converting into wet lands the 1st plaintiff started preparation to convert into wet land and raised fencing to the cents to the plaint schedule on 4 sides and also stocked hay ricks therein - Plaintiffs over the suit property is to be declared and they are also made liable for the mesne profits – Held, Court while sitting in revision against the impugned order there is nothing to interfere. As held by the apex Court in Ravinder Kaurs case (supra), should be vigilant to see through the diabolical plans to deny the decree holder fruits of the decree obtained. Thus when necessary facts brought to the Court, the Court cannot perpetuate any attempt to commit any mischief to the decree of the trial Court under execution, though boundaries not properly reflected in the decree in simply adopting plaint schedule boundaries instead reflecting from the judgment of what is clarified that too in any boundaries mis-description it is insignificant, for survey number and its total extent and the claim in part of it is very clear - When it is very clear for northern cents out that too under Section 47 CPC it can be answered for there is no need to drive for filing fresh suit or seeking for partition, as part of duty of the executing Court to decide the same to shorten the litigation and to sub-serve the ends of justice and to prevent any abuse of process in the attempt - Petition is dismissed.
B. Siva Sankara Rao, J.
1. The revision petitioners are the J.Drs. 2, 3, 5 and 6 among the 6 defendants/J.Drs. and unsuccessful applicants in E.A. No. 27 of 2014 covered by the impugned order dated 29.12.2015 of the I Additional Junior Civil Judge, Nellore, in EP No. 124 of 2003 filed by the 3 plaintiffs pursuant to the judgment and decree dated 10.8.1992 declaring title of the plaintiffs/revision respondents by granting relief of possession in O.S. No. 464 of 1985 viz., Ac. 0-48 cents out of Ac. 1-92 cents dry on northern side in Patta No. 2 in survey No. 751 of Nellore Bit-II Village, bounded by East: Paniki Daweed's land; North: Peters land; South: Gurrapu Laxmaiah land and West: donka and daweeds land. The application in E.A. No. 27 of 2014 filed by them was under Section 151 CPC to direct the Court Amin to deliver the property to the decree holders in accordance with the orders passed by the executing Court earlier on 20.6.2012 (in E.A. No. 597 of 2009) taking into consideration of the boundaries. Coming to the grounds of revision and the scope of revision lis, it is essential to state the factual background of the lis. O.S. No. 464 of 1985 referred supra was maintained originally by sole plaintiff by name Rayapu Polaiah @ Pondaiah and who since died pending suit, plaintiff Nos. 2 and 3 i.e., Rayapu Chinnaiah (his son) and Thepalapuddi Narayanamma (his married daughter and wife of one Gunnaiah) were added as legal representatives of 1st plaintiff vide orders in I.A. No. 981 of 1990 dated 17.10.1990. The suit filed was against 6 defendants originally by name Gurrapu Masthanu S/o. Polaiah and his two sons and wife i.e., Gurrapu Penchalaiah, Gurrapu Narayana and Mariamma and one Meduri Ranga Rao and Kamatam Danam. It is during pendency of the suit, Rayapu Chennaiah S/o. Polaiah @ Pondaiah, was; impleaded as per orders in I.A. No. 1379 of 1991 dated 21.2.1992. It is necessary to mention to be clarified further no doubt, the name of the 2nd plaintiff and 7th defendant including fathers name are correlating as a same person. The suit relief was for declaration of the plaintiffs are absolute owners of the plaint schedule property of Ac. 0-48 cents out of Ac. 1-92 cents within the boundaries in S. No. 751 described supra and for recovery of possession after evicting the defendants and for future mesne profits. The suit was in fact filed for the relief of permanent injunction and the same was later converted into declaration of title and possession supra in the year 1990.
2. According to the plaint averments, the 1st plaintiff being owner has been in possession and enjoyment of the suit land (plaint schedule property) for more than 20 years, which is ancestral land and succeeded by him after his father's death 20 years back and plaintiff while in possession was raising dry crops like ragi and his neighbouring lands also dry lands were converting into wet lands, the 1st plaintiff started preparation to convert into wet land and raised fencing to the Ac. 0-48 cents to the plaint schedule on 4 sides and also stocked hay ricks therein. The land of the 1st defendant is to the south of the suit land and the 1st defendant with ulterior motive started threatening to enter into suit land with the support of his henchmen including defendant Nos. 2 to 6 without any manner of right and unlawfully trespassed into the suit land after filing of the suit by coming into unlawful possession and thereby they are liable to be evicted and the title of the plaintiffs over the suit property is to be declared and they are also made liable for the mesne profits.
3. The written statement of the defendants was in opposing the suit claim filed originally for bare injunction on 16.1.1986 and after the suit filed by the plaintiffs supra was amended from relief of injunction to the relief of declaration and possession, the additional written statement dated 8.2.1991 was filed and also the written statement was amended pursuant to the orders in I.A. No. 128