Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. Venkata Ramana, J.
Ravipudi Lakshminarayana and Ors. – Appellants
Versus
Parvathareddy Sreedhar Anand and Ors. – Respondents
Appeal Suit No. 537 of 2014
Decided On : 20-10-2021
Civil Procedure Code, 1908 - Section 96 - Hindu Succession Act, 1956 - Section 6(1), 29-A - Indian Registration Act - Section 47, 61 - Transfer of Property Act, 1882 - Section 54 - Suit for partition - Appellants laid suit for partition of plaint schedule property to allot their alleged share out of it or in alternative to allot above extent in a single plot taking into consideration equities and to grant a permanent injunction restraining respondents 1 to 4 from going on with their mining operations in plaint schedule property till division of property by metes and bounds - Whether plaintiffs are entitled for a share in schedule property as claimed by them - Whether plaintiffs are entitled for a permanent injunction restraining D1 to D4 from quarrying therein – Held, appellants failed to make out that they are entitled to seek partition of suit lands in manner they suggested - Nor it is an instance, where there is proof that alleged vendors of appellants were female coparceners having subsisting right and interest in alleged undivided share of original purchasers - Claim of appellants deserves to be rejected - Since appellants failed to make out their claim for partition against respondents 1 to 3, they cannot have a right to injunct them from carrying on mining operations from entire extent covered by suit survey numbers - Material on record did not establish that appellants stood as co-owners or co-sharers in relation to these lands vis-à-vis. respondents 1 and 2, nor is there any proof that mining activity undertaken by then through their corporate entity, viz. third respondent is detrimental to their interest, which cannot be compensated in monetary terms - Nor it is established that there was any invasion of alleged rights of appellants on account of this activity by respondents 1 to 3 - Appellants are not entitled for permanent injunction as requested against respondents 1 to 3 - Appeal dismissed.
JUDGMENT :
M. Venkata Ramana, J.
1. This is a regular first appeal preferred under Section 96 CPC by the plaintiffs in O.S. No. 186 of 2003 on the file of the Court of learned Additional Senior Civil Judge, Ongole. The respondents were all the defendants. By the decree and judgment dated 02.06.2014, the suit was dismissed without costs.
2. The appellants laid the suit for partition of the plaint schedule property to allot their alleged share of Ac. 2.23 cents out of it or in alternative to allot the above extent in a single plot out of Ac. 19.41 cents taking into consideration equities and to grant a permanent injunction restraining the respondents 1 to 4 from going on with their mining operations in the plaint schedule property till division of the property by metes and bounds.
3. The property in dispute is described in the plaint schedule as under:
Item No. 1: Patta No. 148 - S. No. 933/1 - out of Ac. 6.27 cents
East : S. No. 980/1 belongs to Devarakonda Peda Kotaiah S. No. 980/2 land
South : Item No. 2 land covered in S. No. 933/2
West : S. No. 977 land belongs to Guddanti Venkata Ramana etc
North : Item No. 3 land to some extent and S. No. 587 land to some extent
In which plaintiffs' share Ac. 0.65½ cents
Item No. 2: Patta No. 141 - S. No. 933/2 - out of Ac. 9-63 cents
East : Lands in S. No. 981, 982
South : Lands of Guddanti Gopala Krishna etc.
West :Land of Pallala Subba Rao, Kadiyam Peda Venkateswarlu China Venkateswarlu
North : Item No. 1
In which plaintiff's share is Ac. 1.21 cents
Item No. 3: Patta No. 647 - S. No. 960 out of Ac. 3.51 cents bounded by
East : Lands of S. Gangaiah etc.
South : Land in Item No. 1 of Guddanti Venkata Ramanlu
West : Land in S. No. 977 of Guttanti Venkata Ramanlu
North : Land of Vemula Kanakaiah to some extent and others
In which plaintiffs' share is Ac. 0.36 ½ cents
Total extent of plaintiffs' share in three items is Ac. 2.23 cents."
It shall be hereinafter referred to as 'the suit lands' for convenience.
4. Sri Kondapi Venkata Subba Rao, Sri Vemuri Jayaramaiah, Sri Divi Venkatacharyulu, Sri Uppalapati Venkataswamy, Sri Parisetti Brahmaiah and Sri Mastan Khan jointly purchased an extent of Ac. 3.51½ cents in Survey No. 960, Ac. 9.63 cents in Survey No. 933/2 and Ac. 6.27 cents in Survey No. 933/1 of Chimakurthy village under registered sale deeds dated 22.04.1946, 27.03.1946 and 23.04.1946 respectively. They were in possession and enjoyment of these entire lands, that constituted a single plot of Ac. 19.41 cents.
5. Sri Kondapi Venkata Subba Rao was a primary school teacher at Chimakurthy. The material on record is that he was in possession and enjoyment of other lands at Chimakurthy including in Sy. No. 580/2 and the respondents 1 to 3 stated that he also owned certain extents in Sy. No. 937/1 of the same village apart from house property. Sri Kondapi Venkata Subba Rao had four sons, viz. respondents 5, 9, 10 and Sri Kondapi Ramachandra Rao apart from two daughters Smt. Chundi Rajamma and Smt. Saradamba. The respondents 6 and 7 are the sons of Sri Kondapi Krishna Rao and whereas the respondents 17 and 18 are his daughters. The respondents 19 and 20 are the wife and daughter respectively of respondent No. 9. The respondents 11 and 12 are the sons of respondent No. 10.
6. Sri Kondapi Ramachandra Rao, one of the sons of Sri Kondapi Venkata Subba Rao died in the year 1978 leaving behind his wife Smt. Kameswaramma, respondent No. 8 - his son and two daughters, viz. Smt. Varalakshmi and Smt. Latha Devi. A geneology of this family is given hereunder for ready reference.
| Kondapi Venkata Subba Rao (KVSR) (DIED IN 1949) (Wife Predeceased) | ||||||||||
| Late Kondapi Krishna Rao (D-5) (Son) | Late K | |||||||||
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
