ORDER :

Unsuccessful petitioners in I.A.No.376 of 2021 who filed petition seeking to implead them as plaintiffs in suit O.S.No.69 of 2012 on the file of Senior Civil Judge, Anakapalle, filed the above revision.

2. 1st Respondent in the revision, being plaintiff filed suit O.S.No.69 of 2012 against the 2nd respondent in revision, being defendant, seeking declaration of title and consequential permanent injunction.

3. In the plaint, it was contended interalia that plaintiff purchased vacant site admeasuring 1183.33 square yards in S.No.110/1 of Agraharam veedhi within the limits of Kasimkota Gram Panchayat from Thopalli Suryakantham and Omkar represented by their power of attorney holders Yellapu Srinivas and Karanam Surya Prakash through a registered sale deed dated 21.07.2008 for valuable consideration; that from the date of purchase, plaintiff has been in possession and enjoyment of schedule property; originally, vacant site admeasuring 2750 square yards in S.No.110/1 of Kasimkota village belonged to Thopalli people; that Thopalli Suryakantham and Omkar who succeeded to the above extent executed registered agreement of sale-cum-Power of Attorney dated 13.04.2007 in favour of Yellapu Srinivas and Karanam Surya Prakash; that said power of attorney holders alienated vacant site admeasuring 1566.66 square yards, out of 2750 square yards to plaintiff and Kosireddi Syamala Devi through a registered sale deed dated 10.01.2008 and the remaining extent of 1183.33 square yards to plaintiff through registered sale deed dated 21.07.2008; that defendant with an intention to grab the plaint schedule property got created sale agreement-cum-power of attorney dated 01.02.2008 and filed suit O.S.No.36 of 2008 on the file of Principal Junior Civil Judge, Anakapalle against Yellapu Srinivas and Karanam Surya Prakash, Kubireddy Apparao (plaintiff), Kosireddy Syamala Devi and Malla Bulibabu for permanent injunction and filed I.A.No.167 of 2008 for grant of temporary injunction; that defendants filed detailed counter and the said I.A. is pending disposal; that defendant denied title and hence, suit was filed seeking declaration and consequential permanent injunction in respect of 1183.33 square yards.

4. Defendant filed written statement and contended interalia that vendors of plaintiff Suryakantham and Omkar have no right, title or possession over the schedule property and they did not receive any consideration under the agreement dated 13.04.2007; that agreement of sale-cum-power of attorney is nominal, collusive and without any manner of right; that vendors of plaintiff Yellapu Srinivas and Karanam Surya Prakash created speculative litigation; that sale deed dated 21.07.2008 is collusive, nominal and without any consideration; that originally the suit schedule property belonged to Thopalli Venkata Ramayya; that after his death property devolved upon his son Venkata Satyanarayana; that said Venkata Satyanarayana and his minor son, represented by father guardian, sold the schedule property and other properties to one Gonthina Prasada Rao, S/o Padamatayya by executing a registered sale deed dated 25.07.1956 and delivered possession; that item No.2 of sale deed is property covered under by the present suit; that Gonthina Prasada Rao indebted to Vakada Dalappa and his family members, who filed suit O.S.No.175 of 1996 on the file of Principal District Munsif, Anakapalle; that pursuant to decree, E.P.No.15 of 1969 was filed and the plaint schedule property and other properties belonging to Gonthina Prasadarao were brought to sale; that decree holders Vakada Dalappa and others purchased the said property in the Court sale; that sale certificate was issued in the name of Vakada Dalappa on 04.03.1974; that Vakada Dalappa and other family members used to enjoy the property and later family partition was effected among the members; that Vakada Mahalaxmamma, W/o Ramulu and Vakada Krishna Mohan, S/o Rama Lakshmanarao jointly sold away the schedule property to Dha