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2023 Supreme(Online)(AP) 17214
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 283 OF 2023 Between:
1. DR.SURAPANENI SURESH BABU S/o.Suryanarayana, aged about 48 years, Occ Doctor, Suresh Ortho Clinic, R/o.56-2-18, Patamata, Vijayawada, Krishna District ...PETITIONER(S)
AND:
1. VANAM SRINIVAS S/o.Suryanarayana, aged about 43 years, R/o.6A-7-
28, Uppuvari line, Southern Street, Eluru, West Godavari District.
2. Gandikota Nageswaramma (died) Gandikota Nageswaramma (died)
3. Myneni Chalamaiah (died) Myneni Chalamaiah (died)
4. Gandikota Dhanalakshmi, W/o. late Haribabu, aged about 40 years, R/o.D.No.28-3-109, Pirangula Dibba, 24' Division, Eluru, West Godavari District.
5. Gandikota Peddiraju, S/o.late Haribabu, aged about 20 years, R/o.D.No.28-3-109, Pirangula Dibba, 24th Division, Eluru, West Godavari District.
6. Gandikota Bala Krishna, S/o.late Haribabu, aged about 18 years, R/o.D.No.28-3-109, Pirangula Dibba, 24th Division, Eluru, West Godavari District.
7. Katari Chinapapamma, W/o.Durga Rao, aged about 43 years, R/o.D.No.28-3-109, Pirangula Dibba, 24'h Division, Eluru, West Godavari District.
8. Pavuluri Vani, W/o.Nethaji, aged about 55 years, R/o.D.No.19-25, Flat No.201, Mayfair Block, Capital Empire Apartment, Kanuru, Vijayawada Rural, Krishna District.
9. Myneni Mamatha, W/o.late Gopi, aged about 50 years, R/o.D.No.2-255/1, Satrampadu, Near Panchayat Office, Eluru, W.G.District.
10. .Myneni Dileep, S/o.late Gopi, aged about 27 years, R/o.D.No.2-255/1, Satrampadu, Near Panchayat Office, Eluru, W.G.District.
...RESPONDENTS Counsel for the Petitioner(s): SAI GANGADHAR CHAMARTY Counsel for the Respondents:
The Court made the following: ORDER THE HON’BLE MS JUSTICE B.S.BHANUMATHI Civil Revision Petition No.283 of 2023
ORDER :
The Civil Revision Petition is filed under Article
227 of Constitution of India, against the order dated 06.01.2023 dismissing I.A.No.83 of 2022 in O.S.No.58 of 2012 on the file of I Additional District Judge’s Court, West Godavari at Eluru filed by the third party under Order I Rule
10 CPC to implead the petitioner as 7th defendant in the suit.
2. Heard Sri Gangadhar Chamarty, learned counsel for petitioner and Sri Chalasani Venaiah, learned counsel for R.8 to R.10 who are the legal representatives of D.2.
3. The revision petitioner is the petitioner. R.1 is the plaintiff. R.2 and R.3 are D1 and D2 and both of them died. R.4 to R7 are D3 to D6 and the legal representatives of the deceased D1. R8 to R10 are D.7 to D9 and the legal representatives of the deceased D3. R2 to R10 are shown as not necessary parties. Inspite of service of notice of R.1, no appearance has been made.
4. R.1/plaintiff filed the suit for specific performance of the agreement of sale dated 18.07.2010.
5. (a) The third party filed the petition I.A.No.83 of 2022 stating that the main suit itself is collusive and that the suit agreement of sale is false and in collusion with the children of Gandikota Nageswaramma/D1 and Myneni Chalamaiah/D2 and obtained the registered sale deed dated 09.03.2012 from G.Nageswaramma who was puppet in the hands of her son Hari Babu. The petitioner denied the title of G.Nageswaramma or her husband Sri G.Bayyanna over the land in R.S.42/2 of Gavaravaram village, Sanivarapupet Panchayat, Eluru Mandal which is shown in the plaint schedule. He further stated that the registered settlement deed dated 28.3.1967 document No.1307/1967 executed by Gandikota Bayanna in favour of his wife Nageswaramma was referred and relied on, as her title to execute the suit agreement of sale dated 18.07.2010. In the above said settlement deed dated 28.03.1967 document No.1307/1967, Gandikota Bayanna referred and handed over the registered sale deed of his father dated 30.12.1954 document No.4882/1954 as voucher. In the above said sale deed dated 30.12.1954, his father’s Vendor’s title deed dated 17.05.1951 document No.2044/1951 was referred.
(b) He further stated that in all the above said three registered documents, in its schedule, it was recited as follows: West Godavari District, Eluru Sub-division, Gavaravaram Agraharam Inam Wet land in Survey No.42, sold the northern side an extent of Ac.0-46 cents from out of northern side Ac.0-69 cents from out of Ac.5-23 cents. G.Bayyanna, suppressing the settlement deed dated 28.3.1967, filed a petition S.R.No.11(a)130/74, West Godavari before the Court of Settlement Officer, Eluru for grant of a patta for Ac.0-46 cents in R.S.No.77/2pt of Gavaravaram village, Eluru Taluk along with another total extent Ac.2-00 cents of land covered by R.S.No.75/3Pt. R.S.No.76/3Pt respectively, marking the above said sale deeds dated 30.12.1954 and 17.05.1951 as Exs.P2 and P3. The order passed by the Court of Settlement Officer, Eluru in S.R.No.11(a) 130/74, West Godavari District dated 31.03.1975 clearly establishes the fact that G.Bayyanna and his wife Nageswaramma owned Ac.0-46 cents of land covered in R.S.No.77/2 of Gavaravaram village, Sanivarapupet Panchayat, but not land of R.S.42/2 of Gavaravaram village as mentioned in the suit sale agreement dated 18.07.2010 and also in the plaint schedule.
(c) G.Bayyanna, his wife Nageswaramma sold their 0-46 cents of land in R.S No.74/2 of Gavaravaram village long back under the following three documents:-
1. On 12.12.1977 under registered sale deed dated
12.12.1977 (Doc.No.3951/1977), they sold Ac.0.13 ‰ cents i.e., 666 sq. yards from out of Ac.046 cents covered by R.S.No.77/2 of Gavaravaram to one K.Krishnamacharyulu, referring the registered settlement deed dated 29.3.1967/Doc.No.1307/1967 and also the sale deed dated 30.12.1954/Doc.No.4882/1954.
2. On 25.01.1979 under registered sale deed dated
25.01.1979 Doc.No.230/1979 Gandikota Nageswaramma sold an extent of 326 s. yards covere
